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Does an employee have to accept redundancy?

Does an employee have to accept redundancy?

Your employer can offer you an alternative job in any way, but unless they follow the rules you can refuse it and get your redundancy pay instead. Your employer has to: offer you the new job in writing or orally. make the offer before your current job ends.

Can a company recruit after making redundancies?

Can you recruit after making a position redundant? The simple answer is yes, you can recruit after making a position redundant. Once employment has been terminated by reason of redundancy, employers are not subject to any legally-imposed time period before which they can hire again for the redundant role.

Can I be asked to work my notice if made redundant?

You are contractually required to work your notice period (unless your contract says otherwise). You continue to be paid as normal. In practice, if you are being dismissed your employer will normally pay you a lump sum instead and allow you to leave immediately.

What to say to an employee who has been made redundant?

A simple acknowledgment of your feelings is enough. You might say, “I just heard the news, I’m shocked and so sorry” or “How can I help right now?” You can always offer more support later. Try to respond privately and one-to-one—ideally, face-to-face or, if the employee has left the workplace, by phone.

Do you get paid your notice period if made redundant?

If you’re made redundant, your job won’t end straight away – you’ll get a paid notice period. You might get notice pay instead of your notice period – this is called ‘pay in lieu of notice’. This is as well as any redundancy pay you’re entitled to.

What should you not say when making someone redundant?

Don’t tell someone they’re being made redundant without giving them a firm end date. A definite finishing date will make it far easier for them to move on and start looking for a new job. Don’t ask people to keep quiet about their redundancy – at least not for more than a few hours.

Can you make someone redundant verbally?

It can be made in writing or can be verbal. It must give you enough details about the new job so you know what the difference is between your existing job and the new job.

What are the rights of employees when they are made redundant?

Employees have certain rights and may be entitled to redundancy pay if they’re made redundant. All employees under notice of redundancy have the right to: reasonable time off to look for a new job or arrange training. not be unfairly selected for redundancy.

What are the procedures for selecting employees for redundancy?

There are also various procedures when selecting people for redundancy, alternative work and time off. When selecting a particular employee for redundancy, an employer should apply selection criteria that are reasonable and are applied in a fair manner.

Can you ask your employer for voluntary redundancy?

Here’s how to ask for voluntary redundancy and find out if it is the right option for you. ‘If you’re offered voluntary redundancy by your employer, you should think carefully before making a decision,’ advises Lynn Cahillane, spokesperson for employment agency, Reed. ‘There’s no obligation for you to accept the terms offered by your employer.

Do you have to pay redundancy entitlements in Australia?

When you make an employee redundant, you may also have to pay redundancy entitlements and notify Services Australia. Visit www.fairwork.gov.au/redundancy for more information about redundancy and notice periods

Do you have the right to be selected for redundancy?

Redundancy is fair in most cases, but employees are still protected by important redundancy rights. The right to be selected fairly for redundancy As an employer, you must select employees for redundancy fairly. Employees can be made redundant based on their level of skill and experience.

When is a dismissal not a genuine redundancy?

A dismissal is not a genuine redundancy if the employer: still needs the employee’s job to be done by someone (eg. hires someone else to do the job) has not followed relevant requirements to consult with the employees about the redundancy under an award or registered agreement or

How much does an employer have to pay for voluntary redundancy?

They can also use this time to arrange training or re-skill. However, no matter how much time an employee takes to look for another job, the employer only has to pay 40% of one week’s pay. How does voluntary redundancy pay compare to statutory redundancy pay? Often, payments for voluntary redundancy are larger sums than statutory redundancy pay.

When to request annual leave in case of redundancy?

If the employee requires more than one day for this purpose, they may request to take annual leave. In those circumstances, an employer may request evidence of the employee attending interviews (prior to accepting such a request). Not all cases of redundancy result in the end of employment.