Your redundancy entitlements


Being told that you no longer have a job is a very stressful event. Although every situation is different, it is never easy. Perhaps your situation was like mine, the writing was on the wall and I suspected it in advance, however it was still a challenge dealing with it when it happened. For others the notification of their retrenchment is a total shock.

The first few days you will probably be running on adrenalin. That's a good thing because you have a bit to do in that time to make sure you receive your full entitlements. This is the time when facts are important. Immediately seek information from the authorities on what your entitlements should be. Don't just blindly accept what your employer hands you in that envelope.

The award, agreement, contract you have been employed under should cover what redundancy entitlements are offered. If you are not already aware of your conditions of employment, your first port of call is the Australian Government's Workplace Authority website or you can phone their Workplace Info Line on 1300 363 264.

Redundancy payouts vary depending on how long you have worked for the company, how old you are, and so on. Again, the conditions of your award/contract will state these details.

To help you financially survive while finding a new job, the Australian Government doesn't tax a certain amount of your redundancy payment. For the 2008-09 financial year the tax-free amount is $7,350 plus $3,676 for each completed year of service. Make sure the pay officer explains your final payout in detail.

I would highly recommend that you check with the Australian Tax Office or your accountant to make sure your final payout was taxed correctly.
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Your legal rights

So, you've received your payout advice and you think it is wrong. What now?

Again, this is where the facts are important. What my employer offered me, was not what the award stated. I contacted the Workplace Authority who confirmed that my belief was correct. As they recommended, I discussed this with my employer. He refused to acknowledge the authority of the Authority. So I then took my case to the Workplace Ombudsman.

They accepted I had a case and fully investigated it, seeking further detailed information from myself and my employer. Unfortunately in my case, there was a loophole, and of course my employer used it. The ombudsman rep said I could take the matter further in a court of law, but that I would end up worse off if I won, and even worse off if I didn't win. So I was one of the unlucky ones. However, the regional Workplace Ombudsman office were very supportive, helpful and respectful while they handled my case. I would highly recommend you seek their help if it is warranted.

Perhaps, your payout is as it should be, but you believe you've been unfairly dismissed. This could be the case if the business had more than 100 employees and:
  • you were told your position was made redundant, but that was not true and someone else was employed to do your work, or remaining staff members were allocated your tasks.
  • you were made redundant, but there was an unfair selection process and/or no consultation.
  • you were not paid a fair redundancy payment.

  • UNFAIR DISMISSAL CLAIMs MUST BE LODGED NO LATER THAN 21 DAYS AFTER YOUR LAST DAY OF WORK.

    Who can you go to for help?
    If you are a member of a trade union, contact your union. If you are not a member of a union, contact a community legal centre or the Legal Aid Commission for free advice.

    The job hunt

    Once you've sorted out your legal and financial entitlements, what next? Your options include:
    • find another job
    • start your own business
    • take an extended holiday
    • chuck it all in and move to Jamaica
    This post will look at the first option, in particular, online job hunting. In Australia there are a few main online employment portals. These allow you to set up job alerts that email you with roles matching your interest.

    Seek
    MyCareer
    CareerOne

    You might prefer to try these sites, which pull in ads from all the main sites:
    Job Search
    JobSeeker

    Others you might find helpful include:
    Christian Jobs Australia
    JobServe
    LinkMe - an Aussie cross between LinkedIn and Facebook

    There are many more online job search sites. If you have a particular one you have found to be reputable and reliable, please include a comment below to let us know about it.

    The job hunt - part 2

    After setting up your online job alerts you can always check the newspapers. A more time consuming process, which will often bring up the same results as your online search. The newspapers that are worth a look are local community rags. They often advertise 'situations vacant' that are local and offered by small businesses who do not want the expense or demographic reach of the online or state/national newspapers.

    Of course, personal networking is key. Particularly if you live in rural Australia, where many jobs are not even advertised. They are simply filled via the word-of-mouth grapevine.

    As soon as you are on the hunt, talk to people about it. Let them know:
    • you are looking
    • the type of work you would like
    • your experience/skills
    Do you mention the R word? That's your choice entirely. If you live in a small country town, you probably don't have the choice, as everyone will know, via that same grapevine.

    I was quite upfront with people, saying I had just been retrenched and was on the lookout for my next career challenge. From my perspective there was no shame or feeling that I had to hide the fact, it was simply a cost-cutting measure and I drew the short straw. In these economic times, it should not even be an issue.

    Unfortunately, I have since discovered that some people still think it is. So my advice would be, if you have the choice to disclose your retrenchment, or not, think about it before you start talking. I found it had the ability to stop a conversation dead in it's tracks. Again, if you live in a small community, people will find out pretty quickly anyway. Your attitude will help determine their response.

    So, personal networking. A scary word to some, but really it's all about communication and building relationships. Think of it this way; You have a set of skills and experience.
    Who do you know that might need those skills at some point? Contact them - in person, via phone, email or letter. Let them know you're looking for your next career opportunity and what your skillsets are. Paint your conversation in terms of what's in it for them. If you believe your skills may benefit their business directly - pitch to them. If not, ask them for referrals to people/businesses they know who use your sort of skills.

    The last three jobs I had were all as a result of talking to people. Two of them weren't even advertised. I have also generated three freelance opportunities in the same area. All as a result of networking, or as I prefer to call it, communicating.

    So get talking - whether by phone, over coffee, or in writing.

    Update your Resume

    Start with a basic update of your resume - to include what you've accomplished since you last worked on your resume - and a bit of a basic polish.

    Resume contents:

    • Personal contact details
    • Education
    • Professional development/training
    • Employment history
    • Skills
    • Hobbies and interests
    • Referees (unless requested, a good tip is to say referees can be provided at interview)

    Personal details should be kept brief. Laws in Australia prevent employers asking this sort of
    information, so it is considered unprofessional to include it in your résumé. Do not include:

    • Date of birth / age
    • Nationality
    • Religion
    • Marital status
    • Health

    Allow plenty of white space on the page when laying out your resume. Keep it simple and professional. This is not the time to show off your creativity with WordArt! If you are posting an application, a 2-page resume, plus cover letter, is a good standard to follow.

    Your resume should be tailored for every job application you make. Where applicable, use key words from the selection criteria to define your past experience. Remember, the purpose of a resume is not to get the job. The purpose of the resume is to get the interview!

    Support

    According to the Holmes and Rahe stress scale, being dismissed from a job is the eighth most stressful life event of the 43 they studied. Retrenchment is major loss in a person’s life and with any loss in life comes grief. While everyone grieves differently, five stages have been documented;
    • Denial
    • Anger
    • Bargaining
    • Depression
    • Acceptance

    When dealing with retrenchment, and the losses you have incurred as a result, go easy on yourself. Allow time and space to process and grieve as you need to.

    Seeking support is a positive and important step. While family might be a ready source of support, they are also processing the changed situation – reduced income, reduced security, increased stress.

    Don't expect friends to know what you need. For the most part they are so busy with their own life, they are probably not even aware of the huge impact this has had on your life. But now is not the time to be dejected if your friends fail to respond as you would hope. This is a time to be proactive. State your needs, even if only to yourself, and seek professional objective support and help during this stressful time. It is a positive step forward.

    If you worked for a large organisation, part of your redundancy package may include counselling for a short period of time. If you get to choose your own counsellor, try something different like creative counselling.

    In many cases, your reduced income means seeing any health care professional is not an option. However, a listening ear can be found at no-cost or low cost through various volunteer and community organisations.

    Lifeline 13 11 14
    Beyondblue 1800 551 800
    Mensline Australia 1300 789 978
    WIRE (Women’s Information & Referral Exchange) 1300 134 130

    Your local community centre, charitable organisation, or church group may also offer practical assistance and support.

    Centrelink - income support

    When you are retrenched, a pressing need is to make sure there is enough money in the bank to pay bills and keep your head above water. Depending on your situation, you may be entitled to income support payments from Centrelink.

    Summary from my experience - Regardless of the percentage of household income lost when you were retrenched, if you are married or defacto and your partner earns more than $35K a year, the government in it's wisdom says you are "doing well" and do not require assistance.

    This info sheet gives you some starter points. Here is a list of some factors affecting payment rates or eligibility. Or simply call 13 28 50, tell them your situation, and they will advise if you are able to access any financial support.

    Unfortunately, if like me, you are not eligible for Newstart Allowance, then you will also be ineligible to receive any other support Centrelink or it's partners offer.

    You are also unable to access the NEIS program which provides training and support to start up your own business. Which is a program the government touts for helping retrenched workers re-establish themselves in the workforce. Go figure!

    Watch your language!

    Words are powerful things. Be careful what you say, or what others say, when telling the news.

    While I was packing up my things in the office, I heard a colleague say to someone that I was made redundant.

    Here's a simple grammar tip that might help.
    A role is made redundant - a person is retrenched.

    You were not made redundant - the role was. And despite how you might feel right now, you are not the role. You are a person. And you are not redundant.