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Our services
Process
Our assessment begins with a detailed review of your employment contract, applicable modern award, and the specific circumstances of your termination. We analyse key factors such as your length of service, base rate of pay, and whether the dismissal was a genuine redundancy. A critical step involves calculating the National Employment Standards (NES) entitlement, which provides a minimum of 4 weeks' redundancy pay for employees with at least 12 months of service. Our process then examines any superior contractual entitlements or claims for unfair dismissal, where compensation can be up to 26 weeks' pay. We guide clients through every technical step, from initial filing with the Fair Work Commission to potential settlement negotiations or litigation.
Local Considerations — Australia
Severance entitlements for HR managers are consistent under national law, but local industrial practices and state-based long service leave schemes can influence outcomes. In major commercial hubs like Sydney and Melbourne, where corporate restructuring is frequent, HR professionals often face complex scenarios involving executive contracts and corporate policies. Our national service is tailored to navigate these nuances, whether advising a manager in Perth on a mining sector redundancy or in Brisbane on a not-for-profit organisational restructure. We ensure our advice accounts for all applicable standards, providing reliable support across Australia's diverse employment landscape.
At a Glance
| Parameter | Reference Value |
|---|---|
| Minimum Redundancy Pay Period (NES) | 4 weeks (after 1 year of service) |
| Maximum Unfair Dismissal Compensation Cap | 26 weeks' pay |
| Standard Time Limit to File an Unfair Dismissal Claim | 21 days from dismissal |
| Typical Case Assessment Duration | 1-3 business days |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award
- State-based Long Service Leave Legislation
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Our team reviews your project and issues an initial report at no cost.
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Frequently Asked Questions
What is included in the calculation of my severance pay?
Severance pay typically includes redundancy pay based on years of service, payment in lieu of notice, and any accrued entitlements like annual leave. For unfair dismissal claims, compensation is calculated based on lost earnings, capped at 26 weeks' pay.
What is the time limit to challenge a dismissal or redundancy?
You generally have 21 days from the date your dismissal takes effect to lodge an unfair dismissal application with the Fair Work Commission. Missing this strict deadline usually extinguishes your right to claim.
Does being an HR manager affect my severance entitlements?
Your role does not diminish your statutory entitlements. However, specific contractual terms, such as executive agreements or policies you helped implement, will be scrutinised in detail to determine your full legal position.
How much does severance pay advice for HR managers in Australia cost?
Costs depend on case complexity, required documentation review, and whether proceedings are initiated. We provide clear upfront advice and can offer fixed-fee assessments. For a specific quote tailored to your circumstances, we recommend requesting a detailed cost estimate.