I was made redundant

What this usually means

Redundancy is when your employer no longer needs your job done by anyone. It can follow a closure, new technology, a restructure or a drop in work. It can also happen if the business becomes insolvent. It is about the job, not about you.

Most Queensland workers are in the national system, under the Fair Work Act 2009. State government and council employees are in the Queensland system, where some rules differ. Ask a service below about that.

You may be owed three things:

• Notice, or pay instead of notice. Under the National Employment Standards it is usually 1 to 4 weeks, depending on your length of service, with an extra week if you are over 45 and have at least 2 years of service.
• Redundancy pay, if you have at least one year of continuous service.
• Your final pay, including unused annual leave.

Redundancy pay under the National Employment Standards is usually:

Continuous service	Redundancy pay
1 to under 2 years	4 weeks
2 to under 3 years	6 weeks
3 to under 4 years	7 weeks
4 to under 5 years	8 weeks
5 to under 6 years	10 weeks
6 to under 7 years	11 weeks
7 to under 8 years	13 weeks
8 to under 9 years	14 weeks
9 to under 10 years	16 weeks
10 years or more	12 weeks

Most small businesses (fewer than 15 employees) do not have to pay redundancy pay under these standards. An award or agreement may still require it. An employer can also ask the Fair Work Commission to reduce the amount in some cases.

What you can do now

1. Get the decision in writing. Ask for the date your job ends, the reason, and how your pay was worked out.
2. Check your notice and pay. Compare the figures with your award or agreement, the scale above, and the Fair Work Ombudsman calculators.
3. Ask whether you were consulted. Awards and agreements usually require consultation about major changes. Write down what you were told and when.
4. Ask whether another role existed. An employer should consider whether you could be moved to another job in the business.
5. Keep records. Contract, payslips, emails about the restructure and any new job advertisements for similar work.
6. Get advice early. If you think the redundancy was not genuine, you have a short window.

A few practical points are worth knowing. Redundancy pay is worked out on your base pay for ordinary hours, so it does not include things like overtime, bonuses or loadings. Unpaid leave does not count towards your length of service for redundancy pay, but it also does not break your service. Your employer must also still give you notice of termination, either as a notice period or as pay instead.

If many people were made redundant at once, extra rules may apply. Ask the Fair Work Ombudsman or a union if this affects you.

Time limits

If you want to challenge a redundancy as an unfair dismissal, the application must usually be made within 21 days of the dismissal. A redundancy that is genuine cannot be challenged this way.

There is no short limit for unpaid redundancy pay or notice. Claims for unpaid entitlements usually must be made within 6 years. See the guide on unpaid wages.

If it goes further

A redundancy is genuine when the job is no longer needed, the employer followed consultation rules in the award or agreement, and there was no reasonable chance to redeploy you. If it is not genuine, you may be able to apply to the Fair Work Commission for unfair dismissal. Most cases start with a conciliation, which is a facilitated conversation about settling.

Unpaid redundancy pay can be claimed through the Fair Work Ombudsman or a small claim in court.

Questions to ask whoever helps you

• Was my redundancy genuine, and did my employer follow the consultation rules?
• Am I owed redundancy pay, and how much?
• Was I given enough notice, or the right amount of pay instead?
• Could I have been moved to another job in the business?
• Does my final pay include everything, such as annual leave?