Redundancy consultation letter australia

This letter is designed to assist members to ensure they are meeting their consultation obligations. Note: employee representatives (where applicable) must be included in the consultation process and be provided with all relevant information in writing. Best practice tip Our Termination of employment letter – redundancy template (DOCX 4KB) includes a step by step guide to handling the redundancy process. Customisable and ready to use in under minutes.

You can use this letter to provide an employee with written notice of termination due to redundancy. Generally, employers must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination of the employment (which cannot be earlier than the day the notice is given). In order to prepare this letter , the employer will need to provide information about the reason for the redundancy , the last day of work for the employee, any redundancy pay that the employee may receive and any other entitlements that the employee may receive.

There is no legislative requirement to consult about the redundancy before a decision is made to make an employee redundant. The Fair Work Ombudsman can assist you with enquiries about the application of modern awards and enterprise agreements. Holding a redundancy consultation is a precautionary measure you should take to ensure that you are not subject to unfair dismissal claims under Australian law.

In addition, the law requires employers to follow any consultation requirements specified in modern awards and enterprise agreements when making employees redundant. If your redundancy policy is in place, your next step will be the at-risk of redundancy letter template, to move the. Voluntary redundancy - letter notifying appropriate representatives that, as a result of voluntary redundancies , no compulsory redundancies are necessary Use this model letter to notify appropriate representatives that, as a result of voluntary redundancies , no compulsory redundancies are necessary.

Employers can refer to our article Redundancy consultation for further information. This Redundancy Conversation (First Meeting) Script is designed to help employers hold redundancy conversations with impacted employees. This script should be used as a guide only and care should be taken to ensure it is tailored appropriately. This redundancy script can be used by all employers in respect of employees whose position has been selected for redundancy. The first step in the redundancy consultation process is to announce any operational changes.

These can be made verbally, or in writing – like with an ‘At Risk of Redundancy’ Notification. You should inform your staff that you will be meeting with them individually to discuss the situation. Consultation Employee selection and implementation processes during redundancy must be justifiable and fair. If not, there is the potential that claims of unfair dismissal by employees will be successful, and employees will be either reinstated or receive higher payouts. The letter directs staff to Appendix of the VCEMEA on the CECV website.

Staff Intentions Form (Attachment B). For staff with limited internet access, provide a hard copy of Appendix 2. Redundancy occurs when an organisation no longer requires a particular job to be performed by anybody. When referring to redundancy , it is the actual job and not the individual that is made redundant. Should termination be a result of the job becoming redundant, then the individual or individuals are considered to have been retrenched.

If you have any concerns or queries about the redundancy process, our HR consultants can help. The employer reduced its number of supervisors from to 3. Details of what the redundancy payment will be can be obtained in advance from HR). We would suggest that you consult a workplace relations specialist or lawyer if you are considering implementing a major workplace change that may result in redundancies or if you are going through the redundancy process for the first time. Peta Tumpey is a Partner at TressCox Lawyers.

Katie Simon is a Solicitor at TressCox Lawyers. It should contain the following key points: Informs the employee that their employment is at risk and outlines the reason for this. Firstly, it’s important to remember that you’re making a post redundant, not a person. This might mean that if a particular job function is being remove and there’s only one person carrying it out, you may find yourself needing to follow a redundancy process for one employee.

An employer can apply to Fair Work Australia to have the redundancy pay amount reduced. Small businesses (with fewer than full time employees) are exempt. NES entitlements to notice and redundancy pay do not apply to employees employed under fixed-term contracts. A redundancy selection criteria matrix can help employers reach that decision, but how can they ensure it is fair?

Use a redundancy selection criteria matrix for transparent decision-making.