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WA How Much Should I Receive in Redundancy?

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

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  1. Solutionj

    Solutionj Member

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    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

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    Are you covered by an award or an EBA? If you are covered by an EBA, the EBA may contain the answer.
     
  3. Solutionj

    Solutionj Member

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    Thanks Rod. No EBA just a standard contract.
     
  4. Rod

    Rod Well-Known Member

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    Contract or contract that refers to an award? There is a difference.
     
  5. Solutionj

    Solutionj Member

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    No mate my contract states this 'contract does not apply to any award or agreement.'
     
  6. Serge Gorval

    Serge Gorval Well-Known Member

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    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)
     
  7. Rod

    Rod Well-Known Member

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    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.
     

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