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Our services
Process
Our assessment follows a rigorous, three-stage technical process tailored to Australian employment law. First, we conduct a detailed review of your employment contract, applicable modern award, or enterprise agreement to identify the foundational terms. Second, we calculate entitlements with precision, factoring in length of service, redundancy pay scales under the Fair Work Act 2009, and any contractual enhancements—for instance, redundancy pay can accrue up to 16 weeks' wages for employees with over 9 years of service. Finally, we provide a clear strategy for negotiation or formal dispute resolution, including preparing materials for the Fair Work Commission. This structured approach ensures every claim for wrongful dismissal or severance is grounded in accurate legal and financial analysis.
Local Considerations — Australia
The application of termination law varies across Australia's diverse economic regions. In major commercial hubs like Sydney and Melbourne, where corporate restructuring and tech sector volatility are more frequent, cases often involve complex contractual terms and executive-level severance packages. In contrast, regional areas or industries like mining and agriculture may see more disputes related to seasonal work or award interpretation. Our national service is adapted to these nuances; listed lawyers are versed in state-specific considerations and the particular modern awards governing different sectors. This regional expertise ensures relevant advice whether a client is in Perth facing a mining sector redundancy or in Brisbane dealing with a retail industry dismissal.
At a Glance
| Parameter | Reference Value |
|---|---|
| Notice Period Range (Minimum) | 1 to 5 weeks |
| Redundancy Pay Scale (Maximum) | Up to 16 weeks' pay |
| Standard Case Review Timeline | 3 to 7 business days |
| Common Application Deadline (Unfair Dismissal) | 21 days from termination |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award or Enterprise Agreement
- Common Law Contractual Principles
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Frequently Asked Questions
What is included in a termination pay calculation?
A termination pay calculation typically includes all outstanding wages, accrued but untaken annual leave and long service leave, payment for the required notice period (or payment in lieu), and any redundancy entitlement as stipulated by the Fair Work Act or an enterprise agreement. The specific components depend on the reason for termination and the applicable industrial instrument.
How is the required notice period determined?
The minimum notice period is determined by an employee's length of continuous service, as set out in the National Employment Standards. It ranges from 1 week for service under 1 year to 5 weeks for service of 10 years or more. An employment contract, modern award, or enterprise agreement may provide for a longer notice period, which would then apply.
What is the time limit to challenge an unfair dismissal?
An application for unfair dismissal remedy must be lodged with the Fair Work Commission within 21 calendar days after the dismissal took effect. This strict deadline is jurisdictional, meaning applications filed outside this period are usually barred unless exceptional circumstances are successfully argued.
How much does Termination Pay & Notice advice cost in Australia?
The cost for legal advice on termination pay depends on the complexity of the case, including the number of documents to review, the need for detailed calculations, and whether representation in negotiations or hearings is required. For a standard initial assessment and letter of advice, firms typically offer fixed-fee arrangements. The most accurate way to determine cost is to request a specific proposal tailored to your circumstances.