WA How Much Should I Receive in Redundancy?

[Solutionj]

Good morning,

Unfortunately, I'm about to be made redundant. It's legitimate but I have a question about redundancy rates.

I have been working for this company for 4 years. For three and a half of these years, I was on a much higher weekly salary. In the last half a year, I took a 50% pay cut to retain employment. When made redundant, am I to receive the 8 weeks redundancy at the lower weekly rate or is it split between time on the higher weekly pay and lower weekly pay?

Thanks,

 

[Rod]

Are you covered by an award or an EBA? If you are covered by an EBA, the EBA may contain the answer.

 

[Solutionj]

Are you covered by an award or an EBA? If you are covered by an EBA, the EBA may contain the answer.

Thanks Rod. No EBA just a standard contract.

 

[Rod]

Contract or contract that refers to an award? There is a difference.

 

[Solutionj]

Contract or contract that refers to an award? There is a difference.

No mate my contract states this 'contract does not apply to any award or agreement.'

 

[Serge Gorval]

Take a look at S119 of the FW Act (assuming you are under FW), however, if in WA you may be under the state jurisdiction depending if you are employed by a corporate entity of not.

Assuming you are FW covered, 8 weeks minimum and the amount should be "ordinary pay" in your case there's argument that it should be at either higher rate or average over 1 year.

Are you aware if your employer has any specific redundancy policy that may apply ? (worth looking into)

 

[Rod]

When they varied your pay, did they do it by way of amendment to your contract? If they didn't, the contract amount may apply.