Under the National Employment Standard, many workers are entitled to receive redundancy pay if let go from an organization. Businesses must understand the rules for redundancy pay in order to ensure they comply with Section 119 of the Fair Work Act 2009. The presentation discusses all you need to know about redundancy pay in Australia.
Owen Hodge Lawyers can help employers and employees to determine when a genuine redundancy occurs, when payments are required, and what entitlements an employee should receive after a termination. We also advises clients on all issues related to the Fair Work Act, including severance and redundancy pay. Call us today on 1800 770 780 or contact us via ohl@owenhodge.com.au to speak with an employment lawyer who can provide assistance with issues arising from employee termination.
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
This "Brief Guide" gives information regarding individual and collective redundancy - including compulsory and voluntary redundancy - in the Republic of Ireland. This document can be downloaded at http://www.collierbroderick.ie/Services/HR%20Support/Redundancy.asp
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
This "Brief Guide" gives information regarding individual and collective redundancy - including compulsory and voluntary redundancy - in the Republic of Ireland. This document can be downloaded at http://www.collierbroderick.ie/Services/HR%20Support/Redundancy.asp
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
The first of its kind, this seminar is held to provide participant with the knowledge and skills to effectively and objectively identify redundancies and determine the next course of actions involving voluntary or involuntary separation and ensuring it is in compliant with the Employment Practices.
An employee's relationship with the company can terminate for many reasons – resignation, reduction-in-force, performance and other work-related reasons. Planning for the departure of an employee, for any of these reasons, can minimize disruption, protect confidential information, avoid litigation and assist with succession planning. Join Polsinelli's Labor and Employment attorneys for the conclusion of our year long Life Cycle of an Employee Webinar series as we discuss issues related to employee terminations, including:
Managing performance and attendance related terminations
Can you terminate whistle-blowers
Exit Interviews
Protecting intellectual property and confidential information
Reductions-in-force and other separation agreements
Post-decision considerations and communications
The following checklist is intended as a good practice guide for making redundancies. It does not provide precise guidelines as circumstances may vary from one workplace to another. If you are unsure of the correct procedural requirements, you should obtain industrial relations or legal advice.
Making decisions on employment status for a growing business can be an overwhelming perspective. All the types of employment viz. full-time, part-time, fixed-tenure, freelancers, permanent and casual workers have a different purpose. Each type has its respective pros and cons. Brooding over all the available options can ultimately leave an employer disoriented and jumbled.
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
Are you eligible for overtime pay? Just because you are a salaried employee doesn't mean you are automatically disqualified. Many employees are robbed from their entitled overtime pay due to lack of knowledge about their rights. This SlideShare presentation will clear up some common myths about salaried workers and overtime pay to help you to make sure you are receiving the proper entitled pay.
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
The first of its kind, this seminar is held to provide participant with the knowledge and skills to effectively and objectively identify redundancies and determine the next course of actions involving voluntary or involuntary separation and ensuring it is in compliant with the Employment Practices.
An employee's relationship with the company can terminate for many reasons – resignation, reduction-in-force, performance and other work-related reasons. Planning for the departure of an employee, for any of these reasons, can minimize disruption, protect confidential information, avoid litigation and assist with succession planning. Join Polsinelli's Labor and Employment attorneys for the conclusion of our year long Life Cycle of an Employee Webinar series as we discuss issues related to employee terminations, including:
Managing performance and attendance related terminations
Can you terminate whistle-blowers
Exit Interviews
Protecting intellectual property and confidential information
Reductions-in-force and other separation agreements
Post-decision considerations and communications
The following checklist is intended as a good practice guide for making redundancies. It does not provide precise guidelines as circumstances may vary from one workplace to another. If you are unsure of the correct procedural requirements, you should obtain industrial relations or legal advice.
Making decisions on employment status for a growing business can be an overwhelming perspective. All the types of employment viz. full-time, part-time, fixed-tenure, freelancers, permanent and casual workers have a different purpose. Each type has its respective pros and cons. Brooding over all the available options can ultimately leave an employer disoriented and jumbled.
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
Are you eligible for overtime pay? Just because you are a salaried employee doesn't mean you are automatically disqualified. Many employees are robbed from their entitled overtime pay due to lack of knowledge about their rights. This SlideShare presentation will clear up some common myths about salaried workers and overtime pay to help you to make sure you are receiving the proper entitled pay.
Employsure Workplace Presentation | Probationary PeriodsEmploysure AU
Employsure's Workplace Presentation on probationary periods explains what employers need to know about how to manage new employees.
With one of the most complex workplace relations systems in the world it's a challenge for owners and managers of SMEs in Australia to ensure they are compliant. Small businesses often struggle to understand their obligations to employees and that's where Employsure can help.
Employsure helps over 13,000 business owners with employment relations, protecting employers from risks by providing unlimited advice, legally compliant documents, insurance and representation. Employsure is a workplace relations specialist dedicated to helping small businesses succeed by creating fair and safe workplaces.
Call us: 1300 651 415
Visit us at: https://employsure.com.au/
LinkedIn: https://www.linkedin.com/company/empl...
Facebook: https://www.facebook.com/employsure.c...
Twitter: https://twitter.com/Employsure
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
Because growing employers are typically focused on the “big stuff,” such as profitability and selling their products and services, they sometimes overlook the seemingly “small stuff,” such as complying with detailed and employee-oriented state and federal labor laws. As growing employers transition to large employers, they often carry with them legacy policies and practices that violate seemingly trivial provisions that nevertheless come with steep penalties that can reach into the millions of dollars. Plaintiffs’ lawyers know this and are targeting growing employers with growing pocketbooks.
Show Them the Money: Wage & Hour Compliance (Series: Protecting Your Employee...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-wage-hour-compliance-2020/
Calculating Overtime Correctly under the Fair Labor Standards Act (FLSA)Human Capital Media
For a law that has been around for so long, you would think that we would know what the Fair Labor Standards Act means by now. Ever changing regulations and the multitude of suits being filed demonstrate otherwise.
In this webinar, guest speaker Susan Desmond, shareholder of Jackson Lewis P.C., will walk through the nuances of the FLSA and highlight the most frequent and costly mistakes employers are making. She will also discuss the employer/employee relationship under the FLSA, exemptions, what time is compensable and ways to decrease your overtime liability and much more.
Jim Manfield, Solution Consultant at Kronos, will touch on how organizations can decrease overtime liability and reduce costs with modern cloud-based workforce management solutions.
Do you know the rules for docking employee pay for exempt and nonexempt workers? There can be some gray area and it's important to understand what's permissible by law. This presentation walks you through what you need to know.
This document offers invaluable help you if you're not sure what do you do if faced with redundancy. Once the initial shock is over, there is a stack of things to consider, including your rights and your future career direction. Don't worry - there's plenty of assistanceout there if you know where to look!
Similar to Helping employers and employees with redundancy pay (20)
The OHL Wire ISSUE #18: The Laws To Watch in 2016- Uber, GPS tracking and moreChristine Hui Jun Zhong
Welcome to another edition of The OHL Wire! The New Year will see amended and new legislation implemented in Australia. This new legislation will affect Australians, just like yourself, on a daily basis. In Issue 18 of The OHL Wire will observe, explore and explain a number of these new laws to help you grasp and understand the magnitude of them. Furthermore, we will also explain the steps that must be taken straight after a car accident to reduce your liability. Secondly, we provide you with tips on how to avoid inheritance disputes and finally, discuss the impact of Uber being legalised in NSW. We will also give you a round-up of family events and things to do in Sydney this month.
The OHL Wire ISSUE 17: Off the Plan Purchase - NSW changes in response to sun...Christine Hui Jun Zhong
In Issue 17 of The OHL Wire, we look at some of the NSW changes in response to sunset date concerns in off the plan purchases and the employment law issues that need to be on your radar in 2016. We discuss whether a video message from the grave can be considered as evidence for a valid will. We also look at your rights as a beneficiary of a will and tips for reducing the time of a property settlement during Christmas and New Year Season in Australia. We also check out upcoming events in Sydney and provide you with the top 5 business trends for 2016.
In Issue 16 of The OHL Wire, we look at some legal tips for Christmas party behaviour at work and what defines the capacity to make a valid will in Australia. We also look at everything you need to know about the deadline for Christmas holiday child disputes and estate planning for the Christmas holiday. We discuss whether a claim can be made when a family member leaves their entire estate to charity. We check out upcoming events in Sydney and provide you the ultimate checklist for this year's Christmas.
One raid of 20 stores in September 2014 revealed that payroll may have been doctored and workers were being underpaid at the majority of 7-Eleven stores. It is said that as many as 60 percent of the stores investigated in the September raid were suspected of violating Fair Work Laws. That raid was just one of three investigations over a period of six years that allegedly identified more than 80 stores that were not paying their staff enough.
Franchisees and all owners and operators of business organizations need to understand what their obligations are under both immigration and fair work laws. Just paying above minimum award rates is not enough to avoid the potential for action, including an investigation by the Fair Work Ombudsman. Owen Hodge Lawyers can provide assistance to employers in following immigration rules, documenting employee hours and benefits, fulfilling payment and record-keeping obligations, and complying with all award rules. Call us on 1800 770 780 to schedule a consultation with one of our experienced lawyers.
In Issue 14 of The OHL Wire, we look at the importance of estate planning for new parents in Australia. We also look at the 10 legal tips to help your business avoid litigation and everything you need to know about contesting a will in NSW. We discuss the legal basics to know in the pre-purchase phase of a property settlement and the fun facts about death and taxes when planning ahead for your future or when inheriting money or property. We check out upcoming events in Sydney and invite you to attend a unique and inspirational activity, Sydney Architectural Festival.
If you have been physically or psychologically injured as a result of your defence service (including reservists and cadets), you may be able to claim for compensation. If you were a prisioner of war, you may be able to claim even if you were/are a civilian. In this presentation, we provide a broad overview of some of the types of compensation available for service-related injury or disease. This presentation does not cover compensation for dependents of people who have been in service.
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Do you know every year around 750 Australian teens between the ages of 13 and 17 commit suicide because of cyber bullying? It’s a statistic sure to concern any parent. The best way to address cyberbullying is to stop it before it starts. This presentation provides valuable legal tips on how to stop cyberbullying.
At Owen Hodge Lawyers we understand that experiences relating to cyberbullying are extremely traumatic. The personal information shared and the hateful content and rumours spread often leaves people in untter despair and hopelessness. We are here to help! If you have any questions in relation to cyberbullying, please feel free to contact our team at Owen Hodge Lawyers on 1800 770 780.
Estate Planning involves carefully considered decisions regarding your estate and property, your future and also the future of your children. A great estate plan is your opportunity to thoughtfully leave your assets to those whom you value and feel should benefit from your years of hard work and wealth accumulation. The questions you ask yourself initially will guide your entire estate planning process. This presentation discusses what questions you need to ask yourself as you begin the estate planning process. If you have questions about your estate plan, please contact us on 1800 770 780 or ohl@owenhodge.com.au.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Helping employers and employees with redundancy pay
1. Presented By Owen Hodge Lawyers
Helping Employers and Employees with Redundancy Pay
2. • Introduction
!
• Understanding Redundancy Pay Obligations
!
• How Much is Redundancy Pay?
!
• Legal Issues Related to Redundancy Pay
!
• What’s next
OVERVIEW
4. INTRODUCTION
Under the National Employment
Standard, many workers are entitled
to receive redundancy pay if let go
from an organisation.
!
Businesses must understand the rules
for redundancy pay in order to ensure
they comply with Section 119 of the
Fair Work Act 2009.
!
6. WHAT IS REDUNDANCY PAY
• Redundancy pay is required when an employer no longer
requires the employee or there is no longer a need for the
employee’s position within the organization. Employees
also receive redundancy pay if they are terminated
because an employer becomes bankrupt or insolvent.
!
• Redundancy pay must be paid only if:
!
An employer has 15 or more employees.
The employee worked for the employer for at
least one year, and the job was not a temporary
position with a specified duration, a training
position, or an apprenticeship.
!!
7. • Redundancy pay is not required if the employee was terminated as a result of serious
misconduct, if the employee was a casual employee, or if the employee is covered by
an industry-specific redundancy scheme to whom a modern award applies.
!
• An employee who is transferred to a new employer who recognizes a period of service
with the old employer is not entitled to receive redundancy pay.
!
• Rejection of an offer of new employment can disqualify an employee from receiving
redundancy pay if the new employer would recognize the period of service with the
older employer and if the new job has equivalent terms and conditions as the old one.
•
!
WHAT IS REDUNDANCY PAY
9. • Redundancy pay is determined based on the length of time an
employee is in the job.An employee who provided continuous
service for an employer for one year is entitled to four weeks
redundancy pay.
!
• The number of weeks increases, up to 12 weeks of redundancy
pay for someone who has worked for an employer for at least 10
years.
!
• The amount of redundancy pay an employee receives should
equal the total amount payable for the redundancy pay period at
the base rate of pay for ordinary work hours.
!
!
•
!
11. • Redundancy pay may seem straightforward: simply determine if the
employee is eligible and calculate the number of weeks based on the
worker’s years or service. However, complicated questions can arise
related to redundancy pay.
!
• One of the key legal questions is whether the termination is a “genuine
redundancy” under the Fair Work Act. This means, among other things,
that the employer must comply with all obligations to consult about
the redundancy that could be applicable under an enterprise
agreement or award.
!
• The decision to make the employee redundant must not have had
anything to do with the employee’s competence nor with any
misconduct or personal acts by the employee.
!
Is it a “genuine redundancy”?
12. Is it a “genuine redundancy”?
• A termination is a genuine redundancy only when it would not be
reasonable to redeploy the terminated worker within the employer’s
company or an associated entity. This could include vacant positions in
different divisions of the company, as well as different jobs for which an
employee may need some retraining as long as the retraining would
be reasonable.
!
• The employer also must not require the employee’s job to be
performed by anyone in the future. While the specific job tasks done
by a particular employee may still be necessary, there must no longer
be a need for a dedicated employee to complete those tasks. This can
occur when a company restructures and the tasks previously done by
the terminated worker are distributed among other employees.
!
!
!
13. Is it a “genuine redundancy”?
• The key factor in determining whether a redundancy is genuine or not, is that the job the employee was terminated from
cannot continue to exist; if it does, the redundancy is not a genuine one. If an employer wants the job to continue but to be
done by someone else, this is not a genuine redundancy.
!
• Employers must also be aware that redundancy and payment in lieu of notice are not the same. An employee who is
terminated is entitled to be notified in writing a set period of time before the termination occurs. The required notice is
based on the length of the employee’s service, with those who have worked for less than a year entitled to one week and
those who have worked for five years entitled to four weeks notice.
!
• If an employer terminates an employee without the required notice, the employer must pay the worker the amount of
money they would have received by working through the end of the notice period. This is separate from and in addition to
redundancy pay if the employee is eligible for both.
!
!
!
!
15. Owen Hodge Lawyers can help employers and employees to determine when a genuine redundancy occurs, when
payments are required, and what entitlements an employee should receive after a termination. We also advises clients on
all issues related to the Fair Work Act, including severance and redundancy pay.
!
Call us today on 1800 770 780 or contact us via ohl@owenhodge.com.au to speak with an employment lawyer who can
provide assistance with issues arising from employee termination.
!
!
!
!
1800 770 780
!
www.owenhodge.com.au
!
ohl@owenhodge.com.au