Many employees’ ideas of #2020vision has been ruined by the words stood down, terminated, and redundant. These words are being thrown around like confetti with most businesses feeling the impact from lack of consumer demand, government-imposed restrictions and fear. But what do each of these words mean and how does it affect you?
Let’s find out.
What does being ‘stood down’ mean?
Many employees will have received some form of correspondence from their employers saying that they have been ‘stood down’ in accordance with section 524 of the Fair Work Act 2009. Luckily, this means that you still have a job to return to at some point after the pandemic is over. You may be legally stood down with or without pay, and each individual circumstance will vary. If you are unsure of whether you should be stood down with or without pay, contact us to understand your rights.
Sometimes employers say that you are being ‘stood down’, but what they really mean is that you are being terminated. Make sure you know what has actually occurred. We can help you with this.
What does being ‘terminated’ mean?
Unfortunately, this is probably quite clear. If you are terminated by your employer, this means your employment relationship with your employer has ended. At the conclusion of most employment relationships, you are entitled to receive:
- Any accrued leave entitlements;
- Notice in lieu (this is the case if you are not required to work out your notice period).
If you suspect or are of the view that the termination of your employment was unlawful or unwarranted, contact us within twenty-one (21) days of your termination to discuss whether you would be eligible to seek a remedy in the Fair Work Commission.
It may not be clear if you have actually been terminated. Your employer may use words like ‘retrenched’, ‘let go’, or ‘put off’. You should make sure you know what has actually happened. If you are not getting paid, then you have either been stood down without pay, or terminated. Call us to help you work out what has occurred.
What does ‘redundancy’ mean?
A redundancy is when your employer no longer requires your specific role to be performed by anyone because of the changes in the operational requirements of the employer’s business. Essentially, your role disappears or is distributed to various other employees in the business.
If you are supposedly redundant and someone else is replacing your role or your role still exists, it is more likely than not that you have been subject to a sham-redundancy. Contact us within twenty-one (21) days of your “redundancy” to discuss whether you would be eligible to seek a remedy in the Fair Work Commission.
What should you do next?
Call us for a no obligation and free consultation. We can help you understand what has happened, and also what your rights are. You need to do this as quickly as you can, because there are strict time limits on what action you are able to take to protect yourself.
JFMLAW understand this period of time is stressful, difficult and confusing. Pick up the phone and call Thomas Du on 0410 906 194 or the JFMLAW Team on 02 9331 0266 for an obligation free consultation to discuss your concerns. We are here to help.