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Process
Our methodology begins with a forensic review of your employment contract, payslips, and any termination correspondence to establish the factual matrix. We then apply the relevant statutory framework, primarily the Fair Work Act 2009 (Cth) and the National Employment Standards (NES), which mandate minimum entitlements for redundancy pay based on years of continuous service. For instance, an employee with five years of service is generally entitled to ten weeks of severance pay under the NES. We assess additional claims for notice periods, unpaid wages, and potential unfair dismissal applications to the Fair Work Commission, which must typically be lodged within 21 days of dismissal. Our technical approach ensures every calculable component, from accrued leave to contractual bonuses, is quantified. For a detailed action plan following termination, refer to our guide on what to do when you get fired.
Local Considerations — Australia
Severance calculations and dispute landscapes vary across Australia's economic regions. In major corporate hubs like Sydney and Melbourne, disputes often involve complex executive contracts, bonuses, and restraint of trade clauses, requiring detailed contractual analysis. In regions with significant mining or manufacturing, such as Western Australia or Queensland, calculations frequently centre on enterprise agreements, redundancy provisions for large-scale site closures, and the interaction of the Fair Work Act with state-based long service leave schemes. Our national practice is structured to navigate these regional legal and industrial nuances, providing locally relevant advice whether a client is in Perth facing a mining sector redundancy or in Adelaide dealing with a small business unfair dismissal. Understanding these localised contexts is key to accurate entitlement assessment.
At a Glance
| Parameter | Reference Value |
|---|---|
| Statutory Redundancy Pay Entitlement (Example) | 10 weeks' pay for 5 years of service |
| Unfair Dismissal Application Deadline | 21 days from date of dismissal |
| Minimum Notice Period Range (NES) | 1 to 5 weeks based on tenure & age |
| Common Contractual Notice Periods | 4 to 12 weeks for professional roles |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award or Enterprise Agreement
- Common Law principles of contract and wrongful dismissal
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Frequently Asked Questions
What is the difference between redundancy pay and a notice period?
Redundancy pay is compensation for job loss due to the employer's operational requirements, calculated based on length of service under the Fair Work Act. A notice period is the required length of time an employer must provide before termination takes effect, during which the employee works or is paid in lieu. They are separate entitlements that can be claimed concurrently.
Can my employer force me to sign a release to receive my severance?
An employer may propose a deed of release or settlement agreement that requires you to sign away future legal claims in exchange for a severance payment, often one that exceeds the statutory minimum. You are not obligated to sign it immediately. We strongly advise having the terms reviewed by each listed firm, as signing may extinguish your right to pursue an unfair dismissal or general protections claim.
How is continuous service calculated for severance purposes?
Continuous service includes all periods of paid employment with the same employer, including paid leave and authorised unpaid leave. It does not include unauthorised absences or most periods of unpaid parental leave beyond 12 months. Service is calculated from your start date to your termination date, and any breaks in service can affect the total accrual for redundancy pay entitlements.
How much does severance pay advice cost in Australia?
The cost for legal advice on severance pay depends on the complexity of your employment contract, the number of entitlements in dispute, and whether litigation is required. For a standard review and calculation of statutory entitlements, each listed firm provides fixed-fee initial consultations. We offer transparent pricing and can discuss potential cost structures, including no-win-no-fee arrangements for eligible claims, after assessing your specific situation.