The amount of redundancy pay the employee gets is based on their continuous service with their employer. The Government understands that in some instances departments and agencies will be required to restructure workplaces, introduce new technology or change existing work practices and that these changes could affect employees, potentially resulting in redundancies. In order to minimise the effects of these changes, departments and agencies are required to explore and pursue all possible means to secure continuation of employment of affected employees, including but not limited to, redeployment and retraining. Involuntary redundancies are to be used only as the last resort. Departments and agencies may have existing workplace arrangements relating to redundancy and associated matters that are to be consistent with Victorian Government Policy.
See full list on vic. Public sector employees are entitled to due process and procedural fairness prior to termination. These principles must also be applied to any actions that could lead to termination.
As a result of the Victorian referral of industrial relations matters to the Commonwealth, the termination of employment provisions of the FW Act apply to Victorian public sector employees. The provisions of the FW Act, relevant employment agreements and federal awards must be followed. The PA Act provides for transfers between the public service and public sector entities on conditions that are no less favourable overall. The PA Act also stipulates public sector values and employment principles that Victorian public sector departments and agencies that are bound by the PA Act are required to apply. Those agencies not bound by the PA Act are expected to benchmark against the principles under the PA Act.
In such instances the principles outlined below will apply. The principles require that employment processes ensure that employees are treated fairly and reasonably, that equal employment opportunity is provided and that employees have an avenue of redress against unfair or unreasonable treatment. Employers need to consider the cost of the retrenchment of workers as part of the retrenchment process. If you own, are looking to purchase, or start a small business with under employees, you may be eligible for our Long Service Leave Small Business Information Service (LSLSBIS).
If you are made redundant , you are entitled to a redundancy payment that is proportionate to the length of your employment, ranging from weeks to weeks of pay. I work for the Victorian Public Sector and my position has just been declared a surplus. A genuine redundancy is when: 1. A dismissal is not a genuine redundancy if the employer: 1. All awards and registered agreements have a consultation process for when there are major changes to the workplace, such as redundancies. The consultation process sets out the things the employer needs to do when they decide to make changes to the business that are likely to result in redundancies.
This has to be done as soon as possible after the decision has been made to make these changes. Consultation requirements include: 1. Check the information at the Commission website to find out if you can apply for: 1. Primarily, your process must remain fair at all times. There are compulsory redundancy rights your employees have.
It’s unfair the moment you use a protected characteristic as a way to select employees. That could lead to a damaging employment tribunal for your business. There is a statutory minimum but some employment contracts and employers are.
You also have specific rights if your employer is insolvent. If you’ve been made redundant because of coronavirus (COVID-19), your employer might be able to re-employ you and pay of your wages. Get tools to help you deal with redundancy and retrenchment. By following proper process and observing employer legal obligations around notice and reason should help minimise claims of unfair dismissal.
The employer may apply for the determination if an employee is entitled to redundancy pay and the employer finds other acceptable employment or cannot pay the amount. You must have worked for that employer for at least a year, and it must be paid on top of any other pay you may be entitled to (such as accrued annual leave or long service leave, and notice). Fair Work Australia considers appropriate.
Employees who’ve been with you for two years or more are entitled to statutory redundancy pay of: 0. Help: Click on the icon to show explanation of each field. The statutory redundancy notice periods are: at least one week’s notice if employed between one month and years one week’s notice for each year if employed between and years weeks’ notice.