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| Employee’s period of continuous service with the employer on termination | Redundancy pay period |
|---|---|
| At least 1 year but less than 2 years | 4 weeks |
| At least 2 years but less than 3 years | 6 weeks |
| At least 3 years but less than 4 years | 7 weeks |
| At least 4 years but less than 5 years | 8 weeks |
| At least 5 years but less than 6 years | 10 weeks |
| At least 6 years but less than 7 years | 11 weeks |
| At least 7 years but less than 8 years | 13 weeks |
| At least 8 years but less than 9 years | 14 weeks |
| At least 9 years but less than 10 years | 16 weeks |
| At least 10 years | 12 weeks |
If you have been dismissed from your employment as a genuine redundancy, you are not able make an application to the Fair Work Commission for unfair dismissal.
A case of genuine redundancy exists if the employee’s role is no longer required to be performed by anyone in the business or company, the employer has followed the requirements under any enterprise agreement or award or other registered agreement, and redeployment is not possible or reasonable.
However, if an employer has filled your role with another or new employee, then it is not a case of genuine redundancy and thus you may then be able to make an application for unfair dismissal.
When employers offer redeployment positions for redundant employees, they should only propose positions that are the same as the position the employee previously held.
If a suitable and reasonable redeployment opportunity has been offered to you, then you should not decline that position without reasonable excuse. An employer may be relieved of its obligations to pay a redundancy benefit if it genuinely offered the employee a reasonable redeployment position or positions.
If you have been dismissed because of genuine redundancy, then you are legally entitled to redundancy pay, unless you are one of the excluded class of employees.
If you are entitled and your employer has not paid or will not pay your redundancy benefit, then you should seek legal advice as soon as practicable.
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