Tag archives: redundancy pay

New law to ensure furloughed employees receive full redundancy payments

The UK Government has published legislation, which will ensure that all furloughed employees receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (the Regulations) ensure that various statutory entitlements based on a week’s pay and connected … Continue reading

Obtaining alternative employment and redundancy pay: Does the offer meet the test of acceptability?

If an employee is entitled to redundancy pay on termination, but their employer has obtained other acceptable employment for them, the employer can apply to the Fair Work Commission (FWC) for an order under the Fair Work Act 2009 (Cth) (FW Act) to reduce (including to nil) the amount of redundancy pay that is due … Continue reading

Entitlements to redundancy pay for employees who consent to an internal transfer upon redundancy of their position

A recent decision of Judge Cameron of the Federal Circuit Court (the Court), in the matter of Fair Work Ombudsman v F.L. Press Pty Ltd & Anor[1] (FL Press), has highlighted a potential discrepancy between the approach of the Court and that of the Fair Work Commission (FWC) to redundancy pay entitlements under the National … Continue reading

Full Bench rules on the meaning of “redundancy” in an enterprise agreement

Employers may have granted entitlements to redundancy pay through enterprise agreements in wider situations than provided by the National Employment Standards (NES). The Full Bench of the Fair Work Commission has ruled that the entitlement to redundancy pay in an enterprise agreement should not be ‘read down’ to exclude the ‘ordinary and customary turnover of … Continue reading