Redundancy pay; unfairness and transfer of employment s120, s120

An employee has sought and obtained an order under sub-sec 122(4) of the Fair Work Act to the effect that he should be paid redundancy pay by a former employer despite having rejected an offer of employment by another employer which would have recognized the employee’s former service with the first employer in circumstances which […]

Unfair dismissal, not redundancy

I am often approached by employees who have been dismissed on the ground of redundancy, and have been paid statutory redundancy, but want to consider taking an unfair dismissal application to the Fair Work Commission on the basis that he or she regards the redundancy as manifestly unfair or an unfair dismissal dressed up as […]

Cor blimey; redundancy payments for some casual employees?

S.123 of the Fair Work Act provides that that part of the Fair Work Act does not apply to a casual employee. That Part (called a “Division” by the Act) applies to the NES standards of notice of termination and statutory redundancy entitlements. Industrial and legal practitioners have not unsurprisingly believed that serve as a […]

Casual employees and redundancy pay

As a general rule true casual employees are not entitled to redundancy pay or notice of dismissal. This is because s.123 of the Fair Work Act expressly excludes them from those entitlements.    However, the exclusion only applies if the employee in question is a casual employee as at the date of their dismissal. In AMWU […]

Casual service and redundancy

Does service as a casual count for redundancy? Astonishingly, the answer is yes; at least where the service was regular and systematic. In AMWU v Donau Pty Ltd [2016] FWCFB 3075 the Full Bench of the Fair Work Commission was required to determine this issue and, in a stunning outcome to many, determined that regular and systematic […]

Redundancy for award free employees

The National Employment Standards (NES) under the Fair Work Act 2009 provide a statutory entitlement to redundancy pay for an award/agreement-free employee where the employer employs 15 employees or more, provided the employee has completed at least 12 months continuous service with the employer. However, under Sch 4 of the Fair Work (Transitional and Consequential […]

Redundancy and service with associated entities

Under the Fair Work Act, the amount of statutory redundancy which must be paid in the event of a redundancy depends upon the employee’s “period of continuous service with the employer on termination”; see sec 119. Recently I have been asked to provide advice to several employer clients about their liability to include an employee’s service with […]