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Process

Our legal methodology begins with a detailed review of your employment contract, modern award, and any applicable enterprise agreement. We assess your entitlements to redundancy pay, which is calculated based on years of continuous service, with a typical base entitlement of 4 weeks' pay for an employee with at least one year of service, plus 2 weeks for each additional year. For complex cases, such as those involving Severance Pay For Software Engineers, we analyse role-specific factors like intellectual property and restrictive covenants. The process involves preparing legal correspondence, negotiating with employers, and, if necessary, lodging claims with the Fair Work Commission within statutory timeframes.
Local Considerations — Australia
Severance scenarios for IT professionals vary across Australia's major tech hubs. In Sydney and Melbourne, where project-based contracting and startup volatility are common, disputes often centre on the classification of a genuine redundancy versus unfair dismissal. In Perth and Brisbane, with significant mining and resources sector IT roles, cases may involve high-value packages and complex long-term incentive plans. Our national practice adapts by applying consistent federal law while understanding the local employment market dynamics and common employer practices in each city, such as those in Adelaide's growing defence tech sector.
At a Glance
| Parameter | Reference Value |
|---|---|
| Statutory Time Limit for Unfair Dismissal Claim | 21 days from dismissal |
| Base Redundancy Pay Entitlement | 4 weeks' pay + 2 weeks per additional year |
| Common Notice Period Range | 1 to 4 weeks |
| Typical Case Review Duration | 1-3 business days |
Standards & Compliance
- Fair Work Act 2009
- National Employment Standards (NES)
- Applicable Modern Award (e.g., Professional Employees Award 2020)
- Common Law Contractual Principles
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Frequently Asked Questions
What is included in a typical severance package for an IT professional?
A comprehensive package typically includes accrued entitlements (annual leave, long service leave), redundancy pay as per the NES or your contract, payment in lieu of notice, and sometimes ex-gratia payments. For senior roles, it may also involve the vesting of shares or bonuses and the terms of any post-employment restraints.
How is redundancy pay calculated under Australian law?
The National Employment Standards provide a base formula: 4 weeks' pay for at least 1 year of service, plus 2 weeks for each additional year up to a maximum of 12 years (capping at 24 weeks' pay). This is a minimum standard; your contract or enterprise agreement may provide more generous terms.
What is the time limit to challenge a dismissal?
You have 21 calendar days from the date your dismissal takes effect to lodge an unfair dismissal application with the Fair Work Commission. This deadline is strict, with very limited exceptions granted for exceptional circumstances.
How much does legal advice for severance pay cost in Australia?
Costs depend on case complexity, required negotiation intensity, and whether litigation is pursued. Each listed firm provides clear fee structures, which may include fixed-fee initial advice or scaled costs for representation. We recommend requesting a specific cost agreement tailored to your situation after an initial assessment.