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NSW Redundancy - Reasonable Time for Notice Under Employment Law?

Discussion in 'Employment Law Forum' started by markw81, 30 January 2016.

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  1. markw81

    markw81 Member

    27 January 2016
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    I understand that under Employment Law there is reasonable notice period for possible redundancies. I was made redundant on Friday.

    We had a group meeting to inform us of possible redundancies on Wednesday at 2pm. On Thursday afternoon, we had individual meetings to consult with us and we could discuss alternatives. Then on Friday at 11am, we got delivered a letter to state the final meeting is at 3pm, and there I was made redundant effective immediately.

    I do not believe less than 2 days is reasonable notice for redundancy? I also think it was then as next week is my one year anniversary which would mean payouts for me - of which I didn't get any redundancy payout.

    There were redundancies in another department a week earlier but they got 2 weeks notice on possible redundancies.
  2. Paul Cott

    Paul Cott Well-Known Member

    26 May 2014
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    The issue of notice is to do with notice of the decision to make your role redundant up to the time of you finishing up, not about the length of the consultation process. Generally speaking, one week's notice is required if the length of service is less than one year.

    Having said that, the length of the consultation 'process' can be relevant to other issues. The law is complex in this area, I suggest you seek professional advice.
  3. Serge Gorval

    Serge Gorval Well-Known Member

    2 November 2015
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    Hi Mark

    There is no minimum period for consultation, however, for the employer to justify your redundancy as a genuine redundancy, your role must cease to exist and that proper consultation was taken.

    If you're award covered, consultation is provided by the industrial instrument. it seems that your employer just went through a checklist which is common particularly if they got advice from an employer group. My view is to challenge this swift redundancies as you could make out failure to consult.

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