Often it is difficult to terminate employment, but when that action must be taken, it is wise to seek expert advice. Disgruntled former employees will often lodge an application with the Fair Work Commission seeking reinstatement, compensation (of up to 26 weeks’ pay) and other remedies such as a written statement of service. Correctly managed processes minimise the risk of these problems by ensuring everything is done according to the law.
Redundancy is a form of termination that goes along with a restructure; but the key is the job is no longer to be performed by anyone. Redundancy entitlements may include statutory and contractual entitlements to notice, leave and redundancy pay, as well as any non-salary rights such as bonuses and share options.
A redundancy can also happen as a result of a business needing to restructure in order to increase its profitability or competitiveness. It may also happen when the duties of your employees with respect to the position, are divided and redistributed among existing employees.
At Parke Lawyers our experienced workplace lawyers are ideally positioned to provide our clients with the legal representation they require to handle dismissals and redundancy procedures effectively and within the law.