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Process
Our assessment follows a rigorous, three-step methodology grounded in Australian employment law. First, we conduct a detailed review of your employment contract, payslips, and termination correspondence against the National Employment Standards (NES) and any applicable modern award. We then calculate your statutory entitlements, including redundancy pay—which can be up to 16 weeks' wages for long-serving employees—and accrued leave. Finally, we analyze the circumstances of your dismissal to identify potential additional claims, such as for unfair dismissal, which must be lodged with the Fair Work Commission within 21 days. This structured approach ensures a precise and actionable evaluation of your legal position.
Local Considerations — Australia
Severance entitlements and dismissal processes are federally governed by the Fair Work Act 2009, ensuring a consistent legal framework nationwide. However, practical application can be influenced by state-based court precedents and the specific modern awards that vary by industry and location. For instance, employees in the mining sectors of Western Australia or the finance hubs of New South Wales may be covered by distinct awards with different redundancy provisions. Our national team is adept at navigating these regional and industrial nuances, providing tailored advice whether you are in Sydney, Melbourne, Brisbane, or Perth. Understanding the local industrial landscape is key to accurately calculating what you are owed.
At a Glance
| Parameter | Reference Value |
|---|---|
| Statutory Redundancy Pay Scale | 4 to 16 weeks' pay |
| Unfair Dismissal Lodgement Deadline | 21 days from termination |
| Minimum Notice Period Range | 1 to 5 weeks |
| Common Assessment Review Period | 2 to 5 business days |
Standards & Compliance
- Fair Work Act 2009
- National Employment Standards (NES)
- Relevant Modern Award
- Fair Work Regulations 2009
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Our team reviews your project and issues an initial report at no cost.
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Frequently Asked Questions
How is severance pay calculated in Australia?
Severance, or redundancy pay, is calculated based on your length of continuous service. The Fair Work Act provides a scale from 4 weeks' pay for at least one year of service, up to 16 weeks' pay for 9 or more years. This is in addition to your notice period and any accrued annual and long service leave entitlements.
What is the time limit to challenge a dismissal?
An application for unfair dismissal must be lodged with the Fair Work Commission within 21 calendar days after the dismissal takes effect. This is a strict deadline, making prompt legal assessment critical to preserving your right to claim.
Does misconduct affect my severance entitlement?
Yes. If you are dismissed for serious misconduct, you may forfeit your right to a notice period and redundancy pay. However, the definition of serious misconduct is strict. We review the allegations to determine if your employer's classification was legally justified.
How much does a severance assessment cost in Australia?
The cost for a detailed severance assessment depends on the complexity of your employment history, the specific awards involved, and whether court documents need analysis. We provide transparent fixed-fee quotes for this initial review after understanding your situation. The best approach is to request a specific, obligation-free quote tailored to your case.