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Our services
Process
Our negotiation process is a structured, evidence-based approach designed to secure optimal outcomes. It begins with a forensic review of your employment contract, company policies, and all correspondence related to your termination. We assess entitlements under the National Employment Standards, relevant modern awards, and any applicable enterprise agreements, calculating precise figures for redundancy pay, notice periods, and accrued benefits. Leveraging case law and statutory provisions, we then formulate a strategic position and engage with your employer or their legal representatives. Our goal is to resolve matters efficiently through negotiation, though we are prepared to initiate formal proceedings with the Fair Work Commission or courts if necessary. A key part of our methodology involves a detailed review of potential claims, such as Wrongful Dismissal Explained, to strengthen your bargaining position.
Local Considerations — Australia
Severance negotiation dynamics can vary across Australia's diverse economic and industrial landscape. In major corporate hubs like Sydney and Melbourne, we frequently handle complex executive packages involving share plans and restrictive covenants. In regions with significant mining or manufacturing, negotiations often centre on enterprise agreements and redundancy schemes specific to those industries. Our national practice is structured to understand these localised employment markets and legal precedents. Whether you are in Perth, Brisbane, or Adelaide, our approach is tailored to the specific norms and economic conditions of your region, ensuring relevant and effective representation that accounts for local workforce trends and common employer practices.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Negotiation Timeline | 2 to 6 weeks |
| Common Entitlements Reviewed | Redundancy pay, notice, leave loading, bonuses |
| Initial Case Assessment | Complimentary 30-minute consultation |
| Key Legislation | Fair Work Act 2009 |
Standards & Compliance
- Fair Work Act 2009
- National Employment Standards (NES)
- Relevant Modern Award
- Common Law principles of contract
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Our team reviews your project and issues an initial report at no cost.
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Frequently Asked Questions
What is the first step in negotiating a severance package?
The critical first step is to secure your position by not signing anything presented by your employer. Immediately seek legal advice to review the offer against your contract, award, and statutory entitlements. Each listed firm provides an initial assessment to identify any deficiencies or additional claims you may have.
How long does the severance negotiation process typically take?
Most straightforward negotiations are resolved within 2 to 6 weeks. The timeline depends on the complexity of your entitlements, the employer's responsiveness, and whether the matter involves disputing the validity of the termination itself. We aim for efficient resolution while rigorously protecting your interests.
Can I negotiate if I was fired for poor performance?
Yes. Even in cases of alleged poor performance, you may have claims for unfair dismissal, inadequate process, or underpayment of final wages and accrued leave. The employer's failure to follow a fair process can significantly strengthen your negotiating position for a severance settlement.
How much does it cost to get help negotiating severance in Australia?
Costs depend on the complexity of your case, the number of entitlements in dispute, and whether litigation becomes necessary. We typically offer services on a fixed-fee basis for the negotiation phase, providing cost certainty. For a specific matter, we recommend requesting a tailored cost agreement following an initial consultation.