Laid Off After the Holidays? Steps to Take If You Face Job Uncertainty
The start of the year can bring fresh opportunities, but for some Australian workers, it also comes with job uncertainty. February marks the end of summer, and as businesses assess their staffing needs after the holiday season, redundancy can become a reality for many employees. If you’ve recently been made redundant, understanding your rights—including redundancy payment entitlements—can help you navigate this transition with confidence.
Understanding Redundancy and Your Rights
Redundancy occurs when an employer determines that a particular role is no longer required due to restructuring, business closure, or operational changes. It is not about the employee but rather the position itself. Under Australia’s National Employment Standards (NES), most permanent employees are entitled to redundancy pay if their role is terminated and no suitable redeployment is available.
Redundancy Payment
Redundancy payment is a financial safety net designed to support employees who lose their jobs due to genuine redundancy. The amount is calculated based on the length of continuous service with an employer. Generally, employees with at least one year of service are eligible, while casual workers and employees of small businesses (fewer than 15 employees) may not qualify.
Redundancy payments are structured as follows:
- 1–2 years of service: 4 weeks’ pay
- 3–4 years of service: 7 weeks’ pay
- 5–6 years of service: 10 weeks’ pay
- 10+ years of service: 12 weeks’ pay (adjusted due to long service leave entitlements)
The redundancy payout is based on your base weekly pay rate at the time of redundancy and does not include allowances, bonuses, or penalty rates.
Steps to Take If You’ve Been Made Redundant
If you’ve recently been laid off, follow these steps to ensure you receive the entitlements you’re owed:
- Check Your Entitlements – Review your employment contract, award, or enterprise agreement to confirm your redundancy pay, notice period, and any other benefits.
- Ensure Proper Consultation – Employers are legally required to consult with employees before making redundancies. If this didn’t happen, you may have grounds for unfair dismissal.
- Consider Redeployment – If a suitable alternative position is available, your employer should offer it before proceeding with redundancy.
- Understand Tax Implications – Redundancy payments are tax-free up to a certain threshold based on your years of service. Check with the ATO for the latest rates.
- Seek Union or Legal Advice – If you believe your redundancy was unfair or your employer isn’t meeting their obligations, consult your union or a workplace lawyer for support.
Know Your Rights and Understand Your Entitlements
Being made redundant, especially at the start of the year, can be overwhelming. However, knowing your rights and understanding your redundancy payment entitlements can help you plan your next steps effectively. Whether you choose to upskill, search for new opportunities, or take time to reassess your career, ensuring you receive what you're owed is the first step toward a secure future.
If you’re unsure about your redundancy entitlements, reach out to your union or Fair Work Australia for further assistance.
Judith Orloff, MD
