Your Rights When You Lose Your Job
Losing your job can have a huge financial and emotional impact on you and your family which is why it is so important to know your rights in relation to termination of your employment. In Australia your rights when you lose your job are governed by the Fair Work Act 2009 (Cth) which is administered by Fair Work Australia and the Fair Work Ombudsman.
Your rights when you lose your job because of redundancy
You will lose your job as a result of redundancy if your position is no longer to be performed by anyone. This happens in a wide variety of circumstances such as your employer restructuring the business or when business slows down and your employer becomes insolvent or bankrupt.
Your redundancy payment under the National Employment Standards
If you lose your job as a result of redundancy you have the right to receive a redundancy payment under the new National Employment Standards (“NES”). The NES will only apply to you if you worked continuously for your employer for more than twelve months and your employer employs at least fifteen employees.
Under the NES the amount of redundancy pay you receive is based on the length of time you have been employed. For instance if you have been employed for three to four years you are entitled to a redundancy payment of seven weeks at your base rate of pay not including any bonuses, overtime, penalty rates or monetary allowances.
However you will not be entitled to redundancy pay under the NES in some circumstances including:
- Being employed on a casual basis; or
- Your employer is classified as a small business employer meaning they employ less than fifteen employees; or
- You are employed as an apprentice; or
- Being dismissed for serious misconduct.
Your final pay under the National Employment Standards
You have the right to receive a final payment from your employer that will include payment of all your monetary entitlements. These include outstanding wages, annual leave, any accrued long service leave and any redundancy pay entitlements.
Your rights if you do not receive payment of all your monetary entitlements
If your employer fails to pay all your monetary entitlements then you can contact the Fair Work Ombudsman to investigate any non-payments as well as requiring your employer to rectify this failure.Your rights when you lose your job because of an unfair dismissal
There are many circumstances where the termination of your employment may be an unfair dismissal including:
- A failure of your employer to afford you procedural fairness if you were dismissed for serious misconduct; or
- Where you were made redundant but the redundancy was not a genuine redundancy.
Applying for relief from unfair dismissal
If you believe that your employment was unfairly terminated you have the right to apply to Fair Work Australia for relief from this unfair dismissal including an order that you be reinstated or an order for your employer to pay you monetary compensation.
It is important to receive legal advice as soon as possible in relation to your unfair dismissal as strict deadlines apply to making an application for relief from an unfair dismissal.
