QLD Redundancy and long service leave owing at redundancy

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Rod

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Yes. But as per the judge's request, the judge wants to be sure LSL is payable in the first place and that's where you use the information from @Rob Legat - SBPL post.
 

Cairns123

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Thankyou so very much.

I’ll make sure I pay your kindness forward in spades somehow
Thankyou

QUOTE="Rod, post: 70650, member: 486"]Yes. But as per the judge's request, the judge wants to be sure LSL is payable in the first place and that's where you use the information from @Rob Legat - SBPL post.[/QUOTE]
 

Cairns123

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16 January 2018
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Sorry - more technicalities-

Am I correct that there is a threshold for redundancy? To me division 13 subdivision 1, 120 fiii says high income means no pay

The letter received states termination, however the loss of employment is due to the company moving interstate. Gross Income Over $150k p.a.

Also Subdivision 2 re redundancy-

If the person says he will be getting an Abn after and possibly contract back to the company some capacity, does that void section 127 1.b,i.?

Last one

It is my understanding that $62k is untaxed from
A redundancy payment- I’m blowed if I can find the legislation that specifically says that. Would the ato have the legislation?

So sorry for all the questions
 

Rob Legat - SBPL

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Re redundancy threshold - Subdivision 1 only applies to notice of termination. Section 120(f)(iii) only applies to employees who earn more than $145,400 per annum (current threshold figure). Note that subsections (i) and (ii) must also apply. Accordingly, this section has nothing to do with redundancy payment.

Redundancy is a type of termination.

Section 127 is to allow the employer to reduce the amount they may have to pay in redundancy, and can only do so by order from the Queensland Industrial Relations Commission (per subsection (2)). I doubt 'possibly' will cut it. In any case, it should be up to him/the employer to prove that.

Re tax on a redundancy payment? I've got no idea. Cue the accountants...
 

Rod

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Am I correct that there is a threshold for redundancy?

No. QLD law does not apply to redundancy matters like it does with Long Service Leave.

my understanding that $62k is untaxed from a redundancy payment

Then claim the redundancy payout as part of the pool. I have no idea on the tax treatment of redundancy payouts.