text-align:center; How do you calculate the minimum period of employment? dt{margin-bottom:10px;} The dismissal cannot be relevantly unfair to attract a remedy for unfair dismissal. padding: 5px; text-shadow: 0 0 1px rgba(255, 255, 255, 0.75); As an employee you can claim for unfair dismissal on the basis that the dismissal was not procedurally fair even though the reason (i.e. .benchbook-banner { } height: 132px !important; .tblCss th a, .tblCss th a:visited, .tblCss th a:active, .tblCss th a:focus{color:#ffffff !important;} Google reviews In other words a need for fewer employees to carry out work of a particular kind. div.view-id-decision_summaries div.views-row-odd{background-color: #eee;} } If an employer believes that an employee’s dismissal was a genuine redundancy, and the employee has made an application for an unfair dismissal remedy, the employer may make a jurisdictional objection … If an employer can prove that the requirements of s.389 of the Fair Work Act have been met, the Fair Work Commission will have no jurisdiction to hear the unfair dismissal claim. font-weight: bold; Representation by lawyers and paid agents, Differences between single and multi-enterprise agreements. margin: 0 0.5rem 0 0; /*--> li{line-height:22px;padding-bottom:0.4rem;} cursor: pointer; For example length of service, conduct and disciplinary record. Consider alternatives to redundancy. height:30px; If you have been unfairly dismissed or sacked by your employer, or you were forced to resign because of something your employer did, you may be able to make an application to the Fair … } .link-textfield,.phone-textfield{display:none !important;} Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. background-image: url("/sites/default/files/wysiwyg/bench-book-bg-img.png"); Unfair dismissal occurs when your employer has not followed a fair redundancy process. With me so far? Employees may be automatically unfairly dismissed for reasons of redundancy if selection for redundancy was unfair, or the employer does not act fairly in the circumstances. This practice note provides guidance on an employer's obligations towards the individual in a redundancy situation. What is a person conducting a business or undertaking? text-align: center; } In addition, as of 6 April 2018, the limit on one week's pay when working out the basic award for unfair dismissal (and statutory redundancy… When must I inform the staff about redundancy? #block-fwc-blocks-header-search > div.content > h3, } } As an employer you should ensure you follow a fair procedure when making dismissals. Failure to do so could lead to claims of discrimination, unfair dismissal or dismissal for a prohibited reason. This issue … What is the Small Business Fair Dismissal Code? The trial period begins on the date the employee starts work and is usually for four weeks. } Unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner. Week's Pay is the actual gross weekly pay up to a maximum of £538. .tblCss th a:hover{color:#182B49 !important;} redundancy or unfair dismissal; flexible working requests. When are costs ordered by the Commission? redundancy) is a fair one. .benchbook-banner { You may be able to make a claim to an employment tribunal for unfair dismissal. the employer has complied with any obligation imposed by an applicable modern award or enterprise agreement to consult about the redundancy. Employees may be automatically unfairly dismissed for reasons of redundancy if selection for redundancy was unfair, or the employer does not act fairly in the circumstances. height: 110px; If you are an employer you are obligated to consider employee suggestions. Applying for unfair dismissal. padding: 3px !important; There are two reasons that can give rise to the need to make redundancies: This is where a business comes to an end and/ or the place of work closes. #block-block-96{display:none;}#block-menu-menu-footer > div.content > div.menu-block-wrapper > h3{display:none;} ]]>*/, div#block-menu-block-5{display:none !important;} An unfair dismissal application cannot be made if the dismissal was a case of genuine redundancy. Employers must look into alternative work for employees. Depends on age and length of service , see our calculator. Once you have decided to make staff reductions. Rated 4.8 out of 5 stars based on 192 border-radius: 0; What is a Territory or a Commonwealth place? Partner Sue Dowling, head of our Employment Law team, explains how employees facing redundancy may have a valid claim for unfair dismissal if the process is not conducted fairly.. .benchbook-banner .banner-text{ A redundancy may in fact be an unfair dismissal … SRP and the basic award for unfair dismissal are the same and are usually offset against each other. They can claim for unfair dismissal on the grounds that the redundancy is not necessary; the employer has not followed a fair process; or they have not offered another role when one was … } .tblCss th{padding:12px;} Redundancy procedure for over 20 employees. Good. The Fair Work Commission (the Commission) decides on cases of unfair dismissal. A redundancy will be genuine if: 1. your workplace closes 2. your employer decides it needs fewer workers, either for financial reasons or because there's not enough business 3. your employer re-organises the business and your post is no longer needed.If you can prove that none of these reasons applied in your case, redundancy was not the reason why you were dismissed and your dismissal will probably be unfair. Although “redundancy… box-shadow: 0 1px 0 rgba(255, 255, 255, 0.2) inset, 0 1px 2px rgba(0, 0, 0, 0.05); .formHead, .ruleTh{width:14%;} .field-type-link-field a[href$=".xlsx"]{ content: ""; line-height:30px; .benchbook-banner .banner-text .banner-heading{ Job no longer required due to changes in operational requirements. border-right:1px dotted white; background-color: #393E45; [CDATA[/* >