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Why you need to know what you're entitled to at work

Wilson Luna

With all the British murder mysteries, American CSI programs and ‘gritty’ Australian cop dramas, it’s a bit hard to avoid all of the cop shows on TV! And as a side effect,result, most of us could recite the list of rights police officers reel off to people they’re arresting word-for-word. So, if you’re hoping to get a role in CSI: Las Vegas, you’d be all set to go, but the reality is that this isn’t the only situation where it’s important to know what your rights are! Knowing your rights in the workplace, including what your boss can and can’t do, is critical, and if you want to get the most out of your career, it’s worth making sure that you know them at least as well as ‘You have the right to remain silent …’

This probably won’t ever be more important than if you’ve been offered a redundancy package. Under the right circumstances, being retrenched can be a financial gain – and it can be an exciting opportunity to find a new career. But at the same time, you need to know whether your employer is playing fair with you. There are rules and regulations that exist to protect employees, and by knowing what your redundancy rights are, you’ll be in a better position to make the right decision if your boss decides to wave a redundancy package under your nose.

Can you be made redundant?
Redundancy might be a good option for you, but you shouldn’t be asked to leave your job unfairly. You can’t be made redundant if your employer could reasonably transfer you to another position or find you a job with a business entity that is associated with them, or on the basis of your race, gender or membership with a trade union, and you can apply to Fair Work Australia within 14 days of being made redundant if you think that you’ve been dismissed unfairly. If Fair Work Australia finds that your redundancy isn’t legitimate, your employer may be instructed to give you your job back or pay you compensation. If you think that you’ve been made redundant unfairly, take a look at the Fair Work Australia website to see if you should be getting some professional advice about your rights.

How much notice should you be given?
If you need to find a new job, it’s nice to have a bit of a heads-up about the situation – and that’s where notice comes in. If you’re going to be made redundant, your employer has to give you notice in advance in writing, although you can be offered an extra payment instead that is at least equal to what you would have earned had you stayed on until the end of the notice period. How much notice you are entitled to receive depends on several things, including how long you’ve been employed by the company and how old you are. There are some exceptions to these rules – for example for casual or seasonal employees – you can see what you should be entitled to at Fair Work Online.

What if you don’t get paid?
One of the perks of redundancy is getting a big payout, but what do you do if your employer claims they’re unable to pay you? There are some circumstances where a company suffering from extreme financial hardship won’t be able to give you the redundancy package you’re entitled to. In that case, you can usually apply to the General Employee Entitlements and Redundancy Scheme (GEERS), who may be authorised to pay 16 weeks of your redundancy entitlement and up to five weeks of compensation for being made redundant without notice if your boss is unable to do so.

Being retrenched can give you a chance to make a big lifestyle change – you might retire early, find a job in a new company or even re-train in a different field. All of these can be good things, but it’s important that you understand all your rights so that you can make the decision that’s best for you if you’re offered a redundancy package. Knowing what you’re entitled to is the best way of staying calm and confident in most situations, and redundancy is no different – it’s important that you know what your employer can and can’t do, and who you can talk to if you think that you’ve been treated unfairly, because as an employee, there’s no point remaining ‘silent’ if you feel like your rights are being taken away!

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Author's Biography

Wilson Luna is an author, wealth adviser and founder of Your Family Your Money. Your Family Your Money’s goal is to simplify traditionally complex financial strategies, demystify financial jargon and debunk common financial myths, becoming every family’s first stop for financial advice, information and inspiration.