My Rights in a Redundancy

This is the first in our series on how to understand your rights at work - what the fairwork act really means and what to do if any of these situations happens to you.

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What are my rights when I’m made redundant?

TL;DR - Redundancy is about the role—not you.

This means, it has to be a genuine redundancy.

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A redundancy is only legal if:

• Your role is no longer needed.​
• Your employer has explored other jobs for you, if any are available.​
• If you’re covered by an award or enterprise agreement, your employer must consult with you before making the decision.​

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🚩 If your role is still being done by someone else or is re-advertised soon after—the redundancy could be challenged.

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You’re entitled to notice and redundancy pay. ‍

When your job ends due to redundancy, you're usually entitled to:

• ​Notice of termination (or payment instead of notice)​
• Redundancy pay (unless you work for a small business)​
• Any owed entitlements, like annual leave and possibly long service leave​

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Minimum notice periods (as per the Fair Work Act):

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You can be paid in lieu of notice—this means you finish immediately but get paid what you would’ve earned in that time.

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Redundancy pay: how much should I get?

You must get redundancy pay unless:

• You work for a small business (fewer than 15 employees)​
• ​You were casual, a contractor, or had under 12 months’ service​

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Redundancy pay (based on continuous service):

(Yes, redundancy pay drops slightly after 10 years due to how long service leave works.)

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You can’t be made redundant for the wrong reasons.

You can’t be made redundant because of:

• Poor performance​
• ​Being pregnant or on parental leave​
• ​Making a complaint or raising a concern​
• Having a mental health condition or disability​
• Requesting flexible work or taking personal/carer’s leave​

If this is the real reason behind the “redundancy,” you might have a case for unfair dismissal or a general protections claim.

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You can challenge it.

If something feels off, you have 21 days from the dismissal date to lodge a claim at the Fair Work Commission.

Types of claims:

• Unfair dismissal (if the redundancy wasn’t genuine)​
• ​General protections (if it involved discrimination, retaliation, etc.)​
• ​Breach of contract or entitlements claim (if you weren’t paid properly)​

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What to do if you are told you are being made redundant:

• Ask for a termination letter in writing​
• Request your entitlements breakdown in writing
• ​Check your final payslip against the notice + redundancy tables above​
• ​If you're unsure, talk to us. Book in for a complimentary 15 minute conversation to decide on your next steps.​