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Our services
Process
Our legal process begins with a detailed review of your employment contract, applicable modern award, and the National Employment Standards. We analyze your length of service, age, and any enterprise agreement terms to calculate your precise entitlement, which can range from 4 to 16 weeks' pay based on service. We then assess the validity of the redundancy and any potential for an unfair dismissal or adverse action claim. Our approach involves direct negotiation with your employer or their representatives, leveraging the Fair Work Act 2009 and relevant case law. If a settlement is not reached, we provide robust representation in conciliation before the Fair Work Commission or in court proceedings. A key step in this process is our detailed Severance Package Review service to identify any shortcomings in an offered package.
Local Considerations — Australia
Severance entitlements and dispute trends can vary across Australia's diverse economic regions. In major financial hubs like Sydney and Melbourne, redundancies often occur in corporate, finance, and tech sectors, involving complex contracts and bonuses. In resource-driven regions like Western Australia or Queensland, redundancies may be tied to mining project cycles and involve fly-in-fly-out arrangements. The industrial landscape in South Australia and Tasmania can see disputes in manufacturing and healthcare. Our national practice adapts by understanding the specific industry awards, state-based long service leave laws, and the local practices of the Fair Work Commission's state registries. We provide tailored advice whether you are in a metropolitan center or a regional area, ensuring your claim considers all local jurisdictional factors.
At a Glance
| Parameter | Reference Value |
|---|---|
| Governing Legislation | Fair Work Act 2009 |
| Standard Entitlement Basis | Length of Continuous Service |
| Common Redundancy Pay Scale | 4 to 16 weeks' pay |
| Primary Dispute Resolution Body | Fair Work Commission |
| Typical Project Timeline | 4-8 weeks |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award
- State-based Long Service Leave Legislation
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Frequently Asked Questions
What is included in a standard severance pay calculation?
A standard calculation under the National Employment Standards includes redundancy pay based on years of service, payment for accrued but untaken annual leave, and payment for accrued long service leave if applicable. It does not include a payment in lieu of notice unless specifically agreed.
What is the time limit to challenge a severance package or dismissal?
For an unfair dismissal claim, you generally have 21 days from the date the dismissal took effect to lodge an application with the Fair Work Commission. For a general protections (adverse action) claim involving dismissal, the timeframe is also 21 days.
Can my employer reduce my severance pay if I find another job quickly?
Generally, no. Under the Fair Work Act, redundancy pay is an entitlement for length of service, not compensation for unemployment. An employer cannot unilaterally reduce the statutory entitlement because you secure new employment, unless a specific offset clause exists in an enterprise agreement or contract.
How much does it cost to get legal advice on severance pay in Australia?
Legal costs depend on the complexity of your case, the need for negotiation or formal proceedings, and the specific services required, such as contract review or representation in commission hearings. We provide clear cost agreements upfront. For an accurate estimate tailored to your situation, we recommend requesting a specific consultation and quote.