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Our services
Process
Our negotiation methodology is a structured, evidence-based legal process. It begins with a forensic review of your employment contract, applicable modern award, and company policy. We calculate your precise entitlements, including notice periods, redundancy pay, and any contractual bonuses or long-service leave. Our team then develops a negotiation strategy, often leveraging precedent from case law and the specific provisions of the Fair Work Act 2009. We handle all direct communication with your employer or their legal counsel, aiming to resolve matters efficiently through without prejudice correspondence and formal settlement agreements. A critical first step is often a detailed Severance Package Review to identify strengths and weaknesses in the initial offer.
Local Considerations — Australia
Severance practices and market standards can vary across Australian states and industries. For instance, executives in the financial hubs of Sydney and Melbourne often negotiate complex contractual entitlements beyond the National Employment Standards (NES), while redundancies in the mining sector in Western Australia or manufacturing in South Australia involve specific award interpretations and union considerations. Our national practice is structured to navigate these regional and industrial nuances. We adapt our approach based on local employment trends, the industrial relations landscape, and the specific jurisdictional practices of state-based courts and tribunals, ensuring tailored advice whether you are in Brisbane, Perth, or Adelaide.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Project Timeline | 4-8 weeks |
| Common Notice Period Range | 1-12 weeks |
| Redundancy Pay Scale (under NES) | 4-16 weeks' pay |
| Unfair Dismissal Lodgement Deadline | 21 days from termination |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award
- Contract Law Principles
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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 typically included in a severance negotiation?
Negotiation covers all termination entitlements: payment in lieu of notice, statutory redundancy pay, any contractual bonuses or commissions, accrued leave payout, and often non-financial terms like a statement of service, agreed references, and confidentiality clauses. The goal is to secure a complete and binding settlement agreement.
What is the time limit to challenge a termination or unfair dismissal?
An application for unfair dismissal must be lodged with the Fair Work Commission within 21 calendar days of the dismissal taking effect. This strict deadline makes seeking immediate legal advice crucial to preserve your rights.
Can I negotiate if I am made redundant?
Yes. While redundancy may seem straightforward, entitlements extend beyond basic statutory pay. We negotiate for enhanced redundancy packages, including ex-gratia payments, extended notice, outplacement services, and the tax-effective structuring of termination payments.
How much does Severance Negotiation cost in Australia?
Legal costs for severance negotiation vary based on case complexity, the seniority of the role, and whether litigation becomes necessary. Many matters are resolved efficiently through negotiation. We provide clear fee agreements, often involving fixed fees for specific stages or hourly rates, following an initial assessment of your circumstances.