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Redundancy Advice & Legal Services in Melbourne

Redundancy Can Feel Overwhelming

Losing a job due to redundancy can be stressful for employees and employers. Understanding your legal rights and navigating the redundancy process can feel overwhelming. 

Recent data shows that 31% of Australian employers planned redundancies in December 2023, a sharp increase from 17% in the previous quarter. This trend has continued into 2024, with 27% of employers anticipating redundancies in the September quarter.

unfair dismissal support Australia

Know Your Rights, Protect Your Future

At Close Consulting, we are here to help you make sense of this challenging situation with clear and practical redundancy advice. We focus on helping you protect your redundancy entitlements while offering support for processes like genuine redundancy, unfair dismissals, or negotiating a fair redundancy package.

Understanding Redundancy

Redundancy occurs when an employer decides that a role is no longer needed due to operational requirements. This can happen for various reasons, including changes to the business structure, technology, or a decline in workload. Under Australian employment law, redundancy must meet specific criteria to be considered a genuine redundancy.

What is Genuine Redundancy?

A genuine redundancy means:

  • The employer no longer requires the role to be performed by anyone.
  • The consultation process has been followed, as outlined in modern awards or employment agreements.
  • The employer has considered any opportunities for alternative employment within the business or related entities.

If these steps are not followed, the redundancy may be viewed as a non-genuine redundancy, and employees may have the right to file an unfair dismissal claim.

Non-Genuine Redundancy and Your Rights

When redundancies do not follow proper procedures, employees may feel unfairly treated. Filing an unfair dismissal application through the Fair Work Commission allows employees to contest the decision. If successful, employees may receive compensation or reinstatement of their role.

Understanding the redundancy process can be complex. Seeking legal advice from an experienced lawyer ensures you are aware of your legal rights and entitlements during this time.

Employee Rights and Entitlements

When facing redundancy, employees are entitled to specific benefits under Australian employment laws. Understanding these redundancy entitlements can help ensure that you receive everything you are legally owed.

Redundancy Payments

Employees covered by the National Employment Standards (NES) are entitled to redundancy payments based on their continuous service with the employer. The payment amount depends on the period of employment:

  • For employees with at least 1 year of service, redundancy pay ranges between 4 to 16 weeks’ pay.
  • Employees on fixed-term contracts or classified as casual employees are generally not eligible for redundancy pay unless specified in their employment contract or modern awards.

Notice of Termination

Employers are required to provide a notice period based on the employee’s length of service:

  • Less than 1 year: 1 week’s notice
  • 1–3 years: 2 weeks’ notice
  • 3–5 years: 3 weeks’ notice
  • 5+ years: 4 weeks’ notice

Employees over the age of 45, with at least 2 years of service, are entitled to an additional week of notice.

Other Entitlements

In addition to redundancy payments and notice, employees may also be entitled to:

  • Payment for any accrued annual leave or long service leave.
  • Payment of any unpaid wages or outstanding bonuses.
  • Superannuation contributions up to the final day of employment.

Understanding your entitlements can be challenging, especially if there are issues around a redundancy package or unclear terms in your contract of employment. An experienced employment lawyer can offer expert advice to help you secure your rightful entitlements and guide you through any disputes.

Legal Support for Employees

Redundancy can be difficult to navigate, especially if you are unsure whether the process was fair or genuine. Employees often require legal advice to understand their rights, assess their options, and take appropriate action. At Close Consulting, we help employees with clear guidance and support to resolve redundancy issues.

Challenging Non-Genuine Redundancies

If you believe your redundancy was not genuine, you may have grounds to file an unfair dismissal application. A redundancy is considered non-genuine if:

  • Your employer did not follow the correct consultation process.
  • Your role was not truly redundant but replaced under a different title.
  • No effort was made to redeploy you to an alternative role within the company.

Filing an unfair dismissal claim with the Fair Work Commission can result in compensation or reinstatement. Acting quickly is essential, as there are strict time limits for these claims.

Negotiating a Fair Redundancy Package

In many cases, employers offer a redundancy package that may include additional payments beyond the legal minimum. An experienced employment lawyer can help you:

  • Assess whether the redundancy offer is fair.
  • Negotiate better terms, such as extended pay or financial advice support.
  • Ensure all legal rights and entitlements are included.

Support During a Stressful Time

We understand that redundancy can be a stressful time, both financially and emotionally. Our team is here to provide professional support, helping you secure your entitlements and guiding you through the entire process with care and clarity.

Services for Employers

Redundancy is sometimes necessary for businesses due to changing operational requirements, but it must be handled carefully to comply with workplace laws. At Close Consulting, we provide employers with practical advice to ensure that redundancies are managed fairly, legally, and with minimal disruption.

Guiding You Through the Redundancy Process

We help employers understand and implement a legally compliant redundancy process by:

  • Identifying roles that are genuinely redundant based on business needs.
  • Providing support with the required consultation process under modern awards and employment agreements.
  • Advising on proper notice periods and redundancy payments to avoid legal challenges.

Mistakes during redundancies can lead to costly claims such as unfair dismissal or disputes over entitlements. Common pitfalls include:

  • Failing to explore alternative employment options for affected employees.
  • Not following the correct consultation requirements.
  • Miscommunication around redundancy entitlements and employee rights.

Workplace Restructuring Support

Restructuring your organization can be challenging, especially when redundancies are part of the process. We assist businesses with:

  • Strategic planning to minimize redundancies where possible.
  • Reviewing employment contracts and policies to ensure compliance with employment laws.
  • Managing employee communication to maintain trust and morale during restructuring.

Why Proactive Support Matters

Redundancy decisions affect both employees and the overall workplace culture. Seeking professional advice ensures the process is smooth, compliant, and fair to all parties. This not only protects you from potential legal matters but also demonstrates your commitment to ethical employment practices.

Why Choose Close Consulting for Redundancy Advice?

At Close Consulting, we’re committed to guiding you through the complexities of redundancy with care and clarity. Here’s why we’re the right choice for your redundancy advice and support:

1. Expert Redundancy Advice Without the High Costs

Unlike traditional redundancy lawyers, we are experienced HR consultants who specialize in providing high-quality, practical advice at a more affordable cost. This allows us to help employees access the support they need during difficult times without breaking the bank.

2. Extensive Experience in Employment Matters

Our team has years of experience handling redundancy cases, workplace disputes, and other employment-related issues. Whether it’s reviewing your redundancy package, ensuring your employer followed the correct consultation process, or advising on redundancy entitlements, we’re here to help.

3. Clear and Practical Guidance

We believe in keeping things simple and clear. You’ll receive straightforward advice to help you understand your situation and options. We’ll walk you through the entire process, from understanding your redundancy rights to reviewing your employer’s actions.

4. A Compassionate and Supportive Approach

We understand that redundancy can be a stressful time filled with uncertainty. That’s why we approach every case with empathy, treating your concerns with the attention and care they deserve. Your well-being and peace of mind are our top priorities.

5. Quick and Reliable Initial Consultations

When you need answers, you don’t have time to wait. Book an initial consultation with our team to discuss your redundancy concerns. We’ll assess your case, explain your options, and provide a clear plan to help you move forward with confidence.

Why Choose Close Consulting?

Years of Experience and Expertise

Empathy and Understanding

Affordable Services

Clear Communication

Georgia Vass
Georgia Vass
2023-08-21
A family friend recommended Close Consulting and could not speak highly enough of Leo and Cam. I initially sent an email with my inquiry and got a response the same day to set up a time for a discussion. During this chat, Cam answered all my questions and I instantly felt at ease with the plan he put forward. He was prompt in meeting my deadlines and getting the job done to the standard I required. Cam went above and beyond to ensure that he assisted me with my initial queries, as well as any other items that arose along the way. Cam brainstormed questions that I had not considered and went on to provide me with further information and support as a result. I feel comfortable and relaxed knowing I can reach out to the team at Close Consulting for anything I might need in regards to the running of my business. I would highly recommend their services.
Megan Cini
Megan Cini
2023-06-24
When you are going through a hard time with work, Cameron and Leo will save the day!! They are professionals! We received the outcome and then some thanks to the guys. Not only are they confident, straight to the point, they also show empathy with a mix of bad dad jokes! Thanks for saving our day!!
Grace Wakefield
Grace Wakefield
2023-05-30
I must say that the services of the Close Consulting Company with Leo and Cameron has been a phenomenal experience. Their expert advice and procedures have been one of the best I’ve ever experienced. They handled my case with great understanding and precision and knew exactly where to take it from there. They took all the pressure and stresses off my shoulders and made the process as smooth as possible with clear indications and understating. I highly and confidently recommend putting your trust in the hands of Leo and Cameron. Once again, thank you for handling my case so thoroughly and achieving such a great outcome. You are surely the best!
Emily Moric
Emily Moric
2023-05-28
I was unfairly dismissed from my full-time position due to mental health and I felt so helpless. Cameron and Leo have gone well above and beyond to help and support me with my matter and not only did I get my job back, but I had the pleasure to work with such lovely and down to earth people. Can't possibly thank you enough!
Jordan Treloar
Jordan Treloar
2023-05-27
Leo and Close Consulting give us confidence in employing and retaining or dismissing staff. I effectively call them our external HR department. Even right down to having confidence with regards to workplace incidents and dispute handling. They’ve been just wonderful to us, it helps us sleep better at night.
Alena Raj
Alena Raj
2023-04-12
Cameron’s expertise and attention to detail was next to none. I felt completely at ease in his hands, given the circumstances and level of distress being faced, he was reassuring and was a pillar of strength! Extremely professional, couldn’t recommend him highly enough! Shout out of course also to Leo who was quietly working in the background, what an incredible company fighting the good fight! No need for lawyers in such situations when you have these guys, absolutely amazing!
Melanie Callander
Melanie Callander
2022-12-02
Thanks Close Consulting for helping to resolve my outstanding superannuation issue. The situation was tricky but Cameron was experienced, kind and patient and made the process less difficult for me. Cameron dealt with the organisation calmly and professionally and followed up with me until the matter was successfully resolved. Highly recommend.
james dungan
james dungan
2022-11-13
Had a difficult case but got there in the end, definitely ask for Cameron and you will be satisfied, ty again
Kylie Christmas
Kylie Christmas
2022-11-05
I had the opportunity to speak to both Leo and Cam and I cannot speak more highly of their professionalism and knowledge of the of WorkCover legalities not to mention quick replies to any questions I had. Absolutely recommend
Cassie Mason
Cassie Mason
2022-11-05
Leo and Cameron were fantastic dealing with our issue. They alleviated all our stress and dealt with the other party to relieve our anxiety in the matter. They took on all the heavy lifting and let us do our lifting in the gym! Leo and Cameron kept us updated throughout the process and answered all our questions, explaining everything along the way in terms we understood. They were highly professional in all matters and we do not hesitate in recommending their services to others. Thank you so much for all your help guys, you made an extremely difficult and stressful time much easier on us all.

The Close Consulting Difference

Flexible Fee Structure

Big & Small Cases

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FAQs About Redundancy Advice

Can you ask for a redundancy in Australia?

Yes, employees can request voluntary redundancy in Australia if their employer offers it during workforce changes. However, it’s up to the employer to decide whether to accept the request.

What is the redundancy law in Australia?

Redundancy laws in Australia, under the Fair Work Act, ensure employees are fairly compensated when a role is no longer required. Employers must follow proper consultation processes and provide entitlements like redundancy pay and notice periods.

How much does an employment lawyer cost in Australia?

The cost of an employment lawyer in Australia varies, ranging from $300 to $600 per hour. Alternatives like HR consultants offer more affordable and flexible redundancy advice.

Does redundancy look bad on a CV?

No, redundancy doesn’t reflect poorly on your CV as it’s unrelated to your performance. It’s often due to company restructuring or operational changes. Focus on showcasing your skills and achievements instead.

What is the maximum redundancy pay in Australia?

The maximum redundancy pay in Australia depends on your length of continuous service, capped at 16 weeks’ pay for employees with 9 or more years of service under the National Employment Standards (NES).

Need Redundancy Advice You Can Trust?

If you’ve been made redundant or suspect your redundancy is unfair, Close Consulting is here to support you every step of the way. Get in touch today to discuss your situation and explore how we can help protect your rights and entitlements.