Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

WA How Much Should I Receive in Redundancy?

Discussion in 'Employment Law Forum' started by Solutionj, 20 July 2016.

Tags:
  1. Solutionj

    Solutionj Member

    Joined:
    20 July 2016
    Messages:
    3
    Likes Received:
    0
    Good morning,

    Unfortunately, I'm about to be made redundant. It's legitimate but I have a question about redundancy rates.

    I have been working for this company for 4 years. For three and a half of these years, I was on a much higher weekly salary. In the last half a year, I took a 50% pay cut to retain employment. When made redundant, am I to receive the 8 weeks redundancy at the lower weekly rate or is it split between time on the higher weekly pay and lower weekly pay?

    Thanks,
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,605
    Likes Received:
    508
    Are you covered by an award or an EBA? If you are covered by an EBA, the EBA may contain the answer.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Solutionj

    Solutionj Member

    Joined:
    20 July 2016
    Messages:
    3
    Likes Received:
    0
    Thanks Rod. No EBA just a standard contract.
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,605
    Likes Received:
    508
    Contract or contract that refers to an award? There is a difference.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Solutionj

    Solutionj Member

    Joined:
    20 July 2016
    Messages:
    3
    Likes Received:
    0
    No mate my contract states this 'contract does not apply to any award or agreement.'
     
  6. Serge Gorval

    Serge Gorval Well-Known Member
    LawTap Verified Lawyer

    Joined:
    2 November 2015
    Messages:
    187
    Likes Received:
    12
    Take a look at S119 of the FW Act (assuming you are under FW), however, if in WA you may be under the state jurisdiction depending if you are employed by a corporate entity of not.

    Assuming you are FW covered, 8 weeks minimum and the amount should be "ordinary pay" in your case there's argument that it should be at either higher rate or average over 1 year.

    Are you aware if your employer has any specific redundancy policy that may apply ? (worth looking into)
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,605
    Likes Received:
    508
    When they varied your pay, did they do it by way of amendment to your contract? If they didn't, the contract amount may apply.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;