Employees have a right to claim their wages for up to 6 years after the amount became due and payable.

If the circumstances in Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867 apply to your employment some time over the past six years, you may have a substantial claim for redundancy and notice against your current or ex-employer at your full-time rate of pay!

Redundancy and notice under NES

The National Employment Standards (NES) apply to all employees covered by the national workplace relations system. They establish the minimum entitlement to a notice period, or a payment ‘in lieu of notice’, that an employer must give you to end your employment.

The following link provides how much notice and redundancy pay an employee is entitled to under the National Employment Standards http://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/notice-of-termination-and-redundancy-pay

Annual Leave and Long Service Leave

If you are converted from full-time to part-time you should have been paid out your annual leave entitlement at your full-time rate. If you have not been paid out at your full-time rate you are likely to have a claim for the difference between your part-time rate of pay for leave taken and your full-time rate.

Case Study 1

Mary has worked for her employer for a period of 2 years when her employer approaches her and demands she convert from a full-time employee to a part time employee. Mary does not agree with her employer and does not sign any agreement, but works as a part time employee as she feels she has no choice. Mary has a claim for notice of 2 weeks, redundancy of 6 weeks, and any annual leave she accrued during her role as a full time as an employee.

Case Study 2

Tim has worked for a period of 7 years with his current employer as a result of COVID 19 his employer has told him he must become part time to keep his job. The employer does this verbally and no written agreement is made between Tim and his employer. Tim has a claim for notice of 4 weeks, redundancy of 13 weeks and any annual leave he accrued during her role as a full-time employee.

Get in touch

Contact Tyler Farr on 0410 882 437 for a no-obligation chat if you believe that you may have a claim for redundancy. JFMLAW has low cost strategies to recover your entitlements maximising the amount that goes into your pocket. If you would rather get in contact through email, send your question through to Tyler at tyler.farr@jfmlaw.com.au.