Redundancy in Australia: Legal Entitlements & Obligations

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WGC Lawyers in Cairns has provided trusted legal advice to workers and businesses since 1972. If you are facing redundancy, it is vital to understand your rights and what your employer must do under the law. Speak with a lawyer in Cairns to ensure you receive everything you are legally entitled to.

What Is a Genuine Redundancy?

Redundancy occurs when your role is no longer needed due to business changes, such as downsizing, closure or restructuring. A genuine redundancy must follow specific legal steps, including:

  • Consulting with affected employees

  • Exploring alternative positions within the business

  • Ensuring the decision is based on operational needs, not personal reasons

The redundancy may be considered unfair if your employer fails to follow these procedures. Legal advice can help you determine whether your case qualifies for further action.

Employee Entitlements on Redundancy

When made redundant, eligible employees are entitled to several payments under the Fair Work Act, including:

  • Redundancy pay based on years of service

  • Unused annual leave and long service leave

  • Notice period or payment in lieu of notice

The exact amount depends on your contract, length of employment and award coverage. A lawyer can review your entitlements and confirm that your employer has met all obligations under Cairns law.

Employer Responsibilities

Employers must handle redundancies fairly and transparently. This includes:

  • Providing written notice of termination

  • Offering clear reasons for the redundancy

  • Complying with consultation requirements outlined in awards or enterprise agreements

Failure to meet these duties can lead to legal claims for unfair dismissal or breach of contract. Understanding employer obligations under Cairns law can help protect your rights if you believe your redundancy was improperly handled.

How WGC Lawyers Can Help

WGC Lawyers offers professional support to both employees and employers navigating redundancy matters. While we regularly advise on law, we also have experience in broader legal matters, including body corporate laws in Queensland, giving you comprehensive legal coverage when needed.

Speak with a Legal Expert Today

Redundancy can be complex and emotionally challenging. Contact us online or call WGC Lawyers in Cairns on 07 4046 1111 to speak with a lawyer. We will help you understand your entitlements, assess your options, basically anything under body corporate laws in Queensland and confidently move forward.

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