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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43232
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon. If someone is offered a redundancy 3 weeks before

Customer Question

Hi Leon. If someone is offered a redundancy 3 weeks before their anniversary date and we are paying 3 weeks notice, is he entitled to the additional year's service (this would mean an additional week's notice and additional redundancy payment). Thank you!
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Which anniversary
Customer: replied 1 year ago.
Anniversary of his start date
Expert:  Leon replied 1 year ago.
SO they have only been there for 12 months?Is the job redundant or do you believe that it is an unfair dismissal?
Customer: replied 1 year ago.
The person has been with us for more than 4 years. His position has been made redundant with effect from tomorrow (24 July) and his anniversary date is 10 August. His contract allows for notice under NES which is 3 weeks. However, if we were to ask him to work his notice, he would leave us on 14 August which is past his anniversary date. So, should we be determining his redundancy based on 4 years or 5 years service?
Customer: replied 1 year ago.
Last sentence should read - if he finished tomorrow (the effective date of his redundancy) should we be determining the redundancy calculation on 4 years or 5 years?
Customer: replied 1 year ago.
Apologies, but I have to leave. I look forward to reading your emailed response. Thanks for your help Leon! Kind regards Karen
Expert:  Leon replied 1 year ago.
Good Afternoon, You only have to pay him to the date he leaves. You only have to pay them what they are entitled as per Fair WorkAre they over 45 years of age.
Customer: replied 1 year ago.
No, he's in his 30s. Thank you so much for your help with this!
Expert:  Leon replied 1 year ago.
Here is fact sheethttps://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/dismissal-termination-redundancyAll the best and if there is nothing furtherthank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Expert:  Leon replied 1 year ago.
All the best