Redundancy/severance page 1 of 8

73 articles are classified in All Articles > Entitlements and standards > Redundancy/severance


Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.

Holden sued over alleged sham contracting

A former GM Holden engineer is suing the company for adverse action, sham contracting and coercion, alleging it reduced her redundancy payout by more than $20,000 when she refused to sign a separation agreement without continuity of service covering her time as a contractor.

One Key owes almost $40 million to workers: Administrator

Class action law firm Adero says it believes labour supplier One Key Workforce wound up owing more than 2000 mineworkers on casual contracts far more than the $38 million sum estimated by administrators, as it prepares to file a claim holding its parent company liable as their "true employer".

Bill seeks to curb rorting of FEG scheme

The Morrison Government has introduced legislation to crack down on "sharp corporate practices" such as phoenix companies and asset-shifting by employers that are seeking to avoid paying employee entitlements.

HR team member's advice slashes own redundancy

The FWC has slashed an HR employee's payout to zero after she "jumped the gun" and sought a reduced redundancy payment, having decided a post-maternity job offer was a demotion.

Job service fails in bid to cut worker's redundancy

An employment service has failed to avoid a redundancy payout to a manager who refused its alternative job offer, the FWC finding that although pay and conditions were the same, it would have been a "backward step".

Casual work not included in redundancy calculations: Bench

Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.

Bid to cut severance pay not "industrial fair play"

The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.

Court shaves $645,000 off entitlements claimed via "absurd" maths

In rejecting as "absurd" the expert evidence of a forensic accountant who calculated that Ambulance Victoria owed an on-call media officer $800,000 in unpaid entitlements, the Federal Circuit Court has instead ordered the employer to pay her $155,000, including for time spent sleeping.

Consulates must yield to local IR laws: Bench

An Italian consulate has failed to convince a full Federal Court that it is immune from underpayment claims pursued under Australian IR laws by two former employees who signed contracts linking their entitlements to Italian legal and industrial arrangements.