Public Defender: Should a redundancy payout take six weeks?

A WORKER who takes redundancy is told it could take six weeks to get a redundancy payout. Is this normal? Brydens explains and answers your questions live.

FROM 1pm to 2pm today leading law firm Brydens will answer your legal queries.

Below, Brydens addresses a Public Defender reader’s question about a subject that is, unfortunately, topical — redundancy.

But you don’t have to ask about redundancy.

Post a question by going to the comments section below.

KATIE ASKS: My husband has accepted voluntary redundancy. The HR department has advised he will receive his holiday and long service on the day of termination and redundancy payout within six weeks from that day. Is this normal?

BRYDENS ANSWERS: Since 2010, National Employment Standards govern the rules relating to redundancy and redundancy payments. A redundancy occurs when an employer decides that the particular job undertaken by the employee is no longer required or the employer becomes insolvent or bankrupt. On termination, the redundancy payout is calculated on the period of continuous service by the employee with the employer. It is calculated on the employee’s base rate of pay and does not include any loadings, overtime or penalty rates. Final pay should include outstanding wages, accrued annual leave and long-service entitlements as well as redundancy pay. It is not normal for redundancy payments to take up to six weeks. The matter can be taken up directly with the employer and a request made for immediate payment of the redundancy entitlements. Should the employer not agree to immediate payment of the redundancy entitlements a complaint can be lodged with the Fair Work Ombudsman.

THIS legal information is general in nature and should not be regarded as specific legal advice by Brydens Lawyers or being relied upon. Persons requiring particular legal advice should consult a solicitor.