Redundancy Is Imminent, What Should I Do?

I have been with this company for over 8 years and as the business is going down I feel like I am on the chopping board to let go of me.

I received a HR invite with my boss for confidential meeting and they don't tell me what is about except that this is about my role and they will need my feedback on the discussion afterwards. Given my previous colleagues got redundant after the meeting like this, I am 100% sure that this meeting is for that purpose (and I agree that responsibilities on my role has been drastically reduced over the last 3 years so it's the time).

So I've never experienced the redundancy, and I don't know what is going to happen in terms of notice period (in NSW), redundancy package, etc.

Also I am sort of blank in my head on what I am going to do next, like finding a job or do something else, or do a TAFE course to learn tradie stuff?

I am the breadwinner in the family, will there be any Centrelink supports for me while I am unemployed?

As the holiday season is approaching fast it is not the right time for me to re-start but oh well, this is what it is..

Any advice on my situation would be greatly welcome.

Comments

  • +44

    Check the Fairwork website around redundancies. Has a lot of information.

    You should be provided 4 weeks notice
    At least 8 years but less than 9 years is 14 weeks
    All entitlements should be paid out including pro rata LSL (Might need to check that for NSW)

    Doubtful you will receive any Centrelink benefits to start with, though that will depend on your current salary and payout. You might be entitled to benefits for the kids, but best to speak with Centrelink around that.

    Start job searching now!

    • +3

      At least 8 years but less than 9 years is 14 weeks

      This may apply to OP, but not to people working in a small business.

    • +3

      All entitlements should be paid out

      Not sick leave :(

    • +1

      I am curious why the payout for employment 10 years and over is reduced to be 12 weeks when at 9 years it is 14 weeks?

      • +6

        From Fairwork

        The entitlement to redundancy pay under the National Employment Standards drops after 10 years of service. This is because after 10 years of service, long service leave is usually paid out at the same time.

        • I see. thanks for that.

        • +1

          I wonder if an employer would open a test case up with Fair Work to change the redundancy rules, now that many (all?) states allow for the paying out of LSL after 7 years or less in the case of redundancy.

          One could argue that the drop should occur at 7 years rather than 10 (from my reading, the pro rata LSL threshold is either 5 years or 7 years depending on state or territory), as it doesn’t appear that any state or territory now forces you to wait until 10 years before paying out pro rata LSL upon redundancy.

          Edit: The OP’s situation is a case in point - they are likely to be eligible for pro rata LSL, and the redundancy payout is likely to be greater than what someone who has worked for over 10 years would get.

          • @pangwen: Yes correct, if you can get it 9 years is the sweet spot to volunteer!

    • +1

      Wise words from Old Wolf!

  • +16

    Ah, the old "Proposal for change" where you can give your feedback and opinion on why it's not the right decision but it is of course already set it in stone and it's just a formality.

    Notice period is whatever your normal notice period is per your contract, typically it's one pay period, ie if you're paid monthly then it's 1 month notice. They may elect to have you work out the notice period or simply pay you for it and have you leave right away or something in between. Similarly your redundancy package will depend largely on your contract but if you google australia genuine redundancy you'll find guidelines from fair work and also info from ATO on how it'll be taxed. I'll stress again, read your contract, if you don't have a copy find it now and make sure you understand what you'll be owed so you can hold them to it. In my case they overlooked an extra week pay that I was entitled to and even tried to dismiss it until I pointed out I was referring to clause X on page Y of my employment contract.

    As for what to do next it's really up to you. Depending on what you do work probably won't be too hard to find so don't stress about it. Centrelink I can't help you with as I was fortunate enough to be in a position where centrelink wasn't an option for me anyway due to my existing assets. Many people think it's a bad time of the year but it can actually be a good time. Many places are very busy in the lead up to Xmas so are looking to hire and then wind down and are quiet over the xmas and new year period giving you time to settle in etc.

    • +6

      I re-read the HR invite letter, yes it’s mentioned the ‘proposed change to my role’. Lol.
      It must be “The phrase” to refer to redundancy.

      • +4

        The 'proposed change to role' is one way of a company approaching it. Make sure that if the company offers a role that does not fit within a similar pay level, skill set and interest for you, that you would not look to accept that change in role/position (unless it is of interest of course). That would be the trigger for them to pay a redundancy.

        You should also be entitled to have some time to think about whatever they discuss with you, so if you are not sure what to say during the discussion when they put you on the spot for an answer, request a period of time to respond, whether that is over the weekend or whatever works for you (usually two business days would be reasonable).

        Best of luck in your discussions. If you do end up receiving the redundancy, as others have mentioned, it is still very much an employee's market with labour shortages, so you may even find a new role quickly and pocket the extra windfall including some leave. A friend had a similar situation with a large institution, received the redundancy, pocketed about 20k, and found a new role within three weeks that paid 20% more than his previous salary. Could be a great opportunity.

    • +1

      This. I got similar letter earlier this year after six and a half years in my role. Was looking forward to reaching seven years and getting the long service leave. Was called to meeting with CEO and my manager upon my return from paternity leave about an offer for redundancy, which I resisted offering ways I could be still useful to the organisation (they discontinued my department but I had skills in other departments)

      Anyway, regardless of anything i said they counter argued that my manager ‘didn’t have confidence’ in my ability to perform in the other role I offered to fill (despite having 6 years experience doing it ) and they proceeded with the redundancy. The meeting is a foregone conclusion. I even consulted a lawyer to possibly take into the meeting with me to give me counsel but in the end it was pointless trying to fight it. Best to take the money and find something better. I got them to pay out the LSL pro rata which they did as a ‘gesture of goodwill’ but later found out employees are entitled to this anyway

      • +1

        It is part of the legislation that LSL is pro-rated after 5 years https://www.industrialrelations.nsw.gov.au/employers/nsw-emp…

        "The Act also provides for a pro-rata entitlement after five years, if an employee’s services have been terminated by the employer for any reason other than serious and wilful misconduct, or if the employee dies."

        Apparently it may differ between states though

  • +40

    Put your resume out there stat.

    Nothing like getting paid to start work at a new firm.
    The jobs market (provided you're in demand) is going nuts at the moment.

    • +3

      It's going nuts for the lower waged jobs.

      • +9

        And higher waged jobs ;)

        We're finding it impossible to hire senior engineers right now, and thats after increasing our offer by 25%

        • +7

          Sorry to go a bit off-topic here, BUT - As a society (not just blaming politicians or crony capitalists), we seem to have worked out a very winning combination here -

          1. Cant write, Cant Spell

          2. While skilled migrants feel overlooked by employers, Engineering job vacancies up 176 per cent

          3. sponsorship visa exploitation and workplace sexual harassment

          4. Most Uber Drivers / Cabbies I speak to are "skilled migrant engineers" who have been pushed into driving cabs.

          5. Recruiters who are always looking for the "Cultural Fit"

          "So How ?"

          • +6

            @hmmmmcgee: Unfortunately for the migrant engineers it comes down to communication skills that ultimately get you the job.
            It goes both ways as well, we get locals who were top of their class but absolutely useless at communicating who we didnt hire.

            Becomes a liability if a contractor misunderstands an instruction

          • +12

            @hmmmmcgee: "Skilled migrants" or just "skilled" workers in general means they have an accreditation, not that they have actual skills or the ability to be productive.

            Just because someone has a relevant degree does not mean they have the required skillset.

          • +4

            @hmmmmcgee: Engineers I know say migrant engineers are often garbage at their job and seemed to have cheated their way through uni. My brother is a senior engineer and, I asked the same thing. He said he used to give migrants a chance, thinking theyd work harder, and while that's true the communication/culture/incompetence just wastes too much company time and it's better to have the vacancy.

            • +1

              @Assburg: Yeah a lot of migrant hires in IT are great, hired a few myself, but many others had poor English communication skills, or just couldn't do the job.

              Developing countries often are stuck still developing because they have corruption problems. And if corruption is accepted enough, you can just pay bribes for a degree and a visa to come here as an IT worker, without having any ability to do the job.

              • +1

                @GandalfTheCheap: Yeah one of my former colleagues did a PhD in a university overseas but by do a PhD I mean to say he eventually confessed to having just paid someone in the faculty to write it for him, and he edited/stylised it so It looked like his own work.

              • +3

                @GandalfTheCheap: Do you know how to do said piece of work?… "yes".

                Does not know how to do said piece of work…

                • +1

                  @bondy28: I have lost count of how many times this has happened to me recently with our new hires.

          • @hmmmmcgee: engineer is a vague term.. same with mba's

            as for those arguing communication, hmm some migrants i know have better English than locals, but then some really dont. In some fields you need to pass proficiency tests (which again i think many native speakers may fail).

      • +3

        In my industry - 100k-130k range of the market is pretty hot too..

        Though given we're on OzBargain, that might be considered lower wage.

      • Still doesn't stop people walking in and asking for $40k above the upper range (indicated).

  • +9

    Redundancy should include a pay-out, so while looking for another job, try to have it start once the restructure occurs, not before. That is, if there is a pay-out, avoid resigning as that may disqualify you from the money.

    Your employment contract should state the conditions of any pay-out.

    • +6

      Absolutely check your contract of employment.
      Terms of severance pay should be in there.
      Read mine not long ago.
      Having been with the same co for 20 years I now realise they cannot afford to make me redundant!

      • +1

        Not to sound harsh, but if you are really redundant, it would be cheaper than paying you a salary every month.

        • +6

          I used to work with Qantas (not for Qantas) and there were a lot of engineers there on contracts from the 80's (some carried over from acquisitions). These employees were guaranteed X weeks of redundancy for each year of employment, and as they'd been there for 30 years they were looking at half a million or more if they were made redundant. It was more efficient for the employer to keep paying them until they retired (most were ~10 years from retirement) and cut newer employees with less favourable contracts.

          • @macrocephalic: That’s why all new contract is different.

          • @macrocephalic: Also why redundancies are rare in Japan.

          • +3

            @macrocephalic: Same at my workplace. Old skool power station engineers get 108 weeks of pay if made redundant.

            Plus they're on defined benefit pensions which pay them 90% of their final years wage every year for the rest of their life, indexed to inflation.

  • +9

    And on the plus side, assuming you get a redundancy package, consider yourself lucky to be getting out while there is still money available and before you're the last person there tasked with all the jobs of the people who have been let go.

  • +3

    Get a head start on the new job search now. Do up your resume, give yourself a couple of days to draft it to a professional standard and go on Seek. You dont need to wait for the news.

    Either way, since the company is not doing well, perhaps it is time for a fresh start.

  • +15

    Start looking for a job NOW. Update your resume, put in your current responsibilities ect

    You won't get Centrelink, but just cut right back on spending until you land a new job.

    My wife went through the same thing in 2020, a redundancy due to Covid, it was horrible but we got through it. Good luck

  • +17

    Start the process of looking for another job. Even if you get one, quickly, try to ensure you get the package rather than resign. I do know of one guy who got a new job, put in his resignation and his boss tore it up telling him he was in line for a redundancy. Gave the guy a nice little present on the way out.

    • +1

      Mine did the opposite, and i missed out on the redundancy I would have gotten if i put my notice in 2wks later…

      • +7

        Yeah, this guy's boss had a good relationship with his people.

        Partly why I was giving the heads up on this. If you think you will get a redundancy, try to secure it on the way out.

    • +41

      why tf would you resign before a potential redundancy!!!!!!!!!!. anyone who does that would be seen as a right sucker to the company

      op : sit back and wait, get the $$, chuck sickies left right and center, take 3 hour lunch breaks, and monster dump breaks, enjoy xmas off, and life before going back to the slave grind

      • +8

        I have no idea why he did it, but one of my colleagues got a redundancy because the store was closing. The redundancy payout was dated for him to help to close the store and tie up loose ends. A week later he handed notice because he wanted to go on holiday. I just couldn't understand it, why not hand around another month, get the payout and go on holiday?

        • +1

          Or take leave (paid or unpaid, doesn't matter).

      • +6

        I worked with a very ditzy person once who did just that - she thought she would look like a 'loser' if she was retrenched! She failed to notice that others were begging for it - we worked for one of the big 4 who had announced an amazing retrenchment package, probably thinking they would never use it.

        • +4

          stupid. people are made redundant non stop, its not them being redundant its their position.
          i did nothing for 12 months in a job after a takeover then got made redudnant. was pimp

      • +1

        Guy at work a few levels up spent the previous 6 months telling everyone he was retiring at the end of June. Do you think his position was included in the May restructure?

        Management may make some silly decisions, but they didn't need to pay him to leave.

  • +5

    redundancy should include a payout, a week for every yrs service up potential at a min plus any holidays. I got made redundant during covid due to cuts and i actually got 5 months wages plus any leave. They gave me 4 weeks and i had a new role within a week making more money, and didn't say anything until the last day and they asked whats the future plans and i said a start a new role on the following monday. Also remember that as this is a redundancy you will also get taxed less on this final wage too. But agree with others on here get your CV out into the market asap and call a few recruiters also. If you are in a good professional role getting a job in the current climate you should not be on the market long if your have skills in demand.

    • Might also help with the job search.

      At least they aren’t a brand new member.

  • +3

    call in sick till the meeting, stop giving a shit. they dont

    if it happens dont stress, its tax free cash, and more jobs / paths come to you.

  • +2

    Also you have not mentioned your skillset and what type of job you are doing. IT and tech in general always has loads of jobs and you dont have to be super techy for it too.
    Companies like Salesforce, AWS etc have loads of free courses you can do in parallel and gain new skills and certifications in case you want to go in a different direction.

    You can do these in addition to finding a new job. Recently I have seen lots of real life changing job moves like these so do not think you have limited options.

  • +14

    Guy at my work had this meeting looming so he went of sick leave for 3-4 weeks searching for a new job. Still got a months notice and the full redundancy package when he finally turned up.
    Well played.

    • +4

      Dude I used to work with had the redundancy meeting, and immediately went on stress leave, got to job hunt for 4 weeks on the company dime.

      • How to apply for stress leave? need documents?

        • +2

          Letter from doctor should be sufficient. Still counts as sick leave, but as long as you've got sufficient SL…

        • +4

          The doctor makes you fill out a questionnaire to see how stressed you are. Then they write you a note.
          Your boss won't see the test results.

  • +5

    Honestly a redundancy can be really good as it gives you a lump sum and if you can manage to land a new job quickly the lump sum can give you a deposit to buy a house (mine did) or pay off some/all of your debt. It is a very stressful time so make sure you take some time and talk to your partner about how you are feeling to make sure you have someone supporting you during it. Even if you can't find a job straight away, you should be getting a nice payout, probably around 2-3mths of your normal pay + your long service leave, which at 8 years should be another 2months so you will have a buffer to keep you a float for several months to keep you going until you can find a new role.

  • +4

    Being made redundant myself, it was a great learning experience. I am able to see through all the bullshit the employers try and also made me want to secure myself better in every way and negotiate better, the ability to walk away from negotiations and (one sided) "interviews" is really empowering.

    Anyhow the best time to find a job is to when you have one and when everything is going really well, it always ends better for you. The worst time is on their terms because you will always end up being the loser. At this point, your action should be to apply and find another job asap.

  • +15

    Getting made redundant is the dream. Getting paid to leave a job you probably don't care about anyway and you'll probably have another one lined up in a few weeks.

    Congrats OP!

    • +1

      I agree, I’ve done several redundancies and the payouts were pretty good. I know a person who paid off her mortgage from two redundancies, another person is taking a year off from work with the payout. They both can easily get another job within few weeks.

      • +2

        Wish I could get made redundant, unfortunately the company I work for is making too much money.

        • +2

          You know what you have to do…

          • +2

            @moar bargains: I've been trying to get made redundant for years but it's not working.

            • +1

              @onetwothreefour: "Hello, is that A Current Affair? Yes, I think I have one of the original quiet quitters here for your next segment!"

  • +15

    Wow,, lots of good advices. Thank you all.
    I have heaps of sick leaves that I won't be able to use.
    Maybe it's time to utilise some before the judgement day comes??

    • +4

      You definitely should. I left with several months of sick leave owing but didn't get a chance to use any. They gave me a couple of days off to come to terms with it (I was actually over the moon about it LOL) and had me work only 2 weeks of my notice period and just paid me out for the other two weeks. Don't over do it though, you still want a reference from them and depending on the industry you may well run into some of them again (I got a job with someone I worked with 20 years earlier).

    • +6

      If you are sick, of course you should use sick leave. Just remember there is no redundancy if you are fired for serious misconduct instead.

    • +2

      Absolutely nothing wrong with chucking a sickie or two before your redundancy is formalised.

      Usually, when you get made redundant, you're told to pack your shit up and leave immediately. No business wants a redundant employee sticking around any longer than they have to. And that's regardless of your past relationship. So you likely won't be able to use any sick leave after being informed.

      • Well .. except that it's illegal and if they find evidence of misconduct (e.g. this web page) you can be fired.

        • OP is on the verge of getting made redundant. He's a dead man walking. Who cares.

    • Absolutely get all your paid sick leave, you'll lose it otherwise.
      There's nothing quite like a sudden debilitating (and non-diagnosable) back pain to give you a few weeks off.
      Of course, you'll still be fit enough to attend interviews.

    • +1

      You have every reason to be stressed out under the massive undue anxiety caused by your employer. Your symptoms may include: difficulty breathing, panic attacks, blurred eyesight or sore eyes, sleep problems, fatigue, muscle aches and headaches, chest pains and high blood pressure, indigestion or heartburn. Provided your doctor is as sympathetic as he/she should be, you need to stay on stress leave for the duration of your unspent sick leave.

  • It’s not so bad if you get a good package. Just start looking for jobs.

  • +6

    Get the package, use the sickies to show them that the redundancy actually shook you to the bone and you can't come to grips with it whilst using that sickie time to update your resume uninterrupted and start hitting up your old contacts to revive your professional network. Float the resume, get knocked back, get feedback, update resume..rinse repeat! Update linkedin profile and also enable the option to show that you're available and open for new roles. Use the companies time and sickies as much as you can whilst also showing that you're keen on doing handovers when you actually DGAF.

    At around 8+ years, the payment would be quite good with all your LSL and Annual leave making up the bigger chunk of it. Tax office dont tax a lot on it knowing that its your severance package. Here is a nice lil redundancy calculator that gave me an idea of what I was going to get, so I could plan my finances and time off between jobs better. Good luck with your job hunt.

  • +7

    Sounds like you're a bit stuck in your ways if you're worried about a massive cash payout and finding a new job in an amazing job market. Not trying to sound rude, a lot of people are.

    Getting a redundancy during covid then starting a new job a week later was amazing for me. Got a little break, was paid handsomely (especially because it's tax free for a lot of it) and the bank balance looked a lot healthier. Just a shame I was only 2 years, not 8 like you have!

    Start cleaning up your linkedin page (if you don't have one, make one), tidy up your resume and start applying for a few jobs on seek to see what they're after and where you fall short. Don't worry if you don't get offers/interviews straight away but call up and nicely ask for feedback, they'll often tell you why you did/didn't get the job and you can refine your resume from there.

  • +2

    Everyone recommends finding a new job. Any advice I should open an ABN and start my own thing? I’m very tired of office politics and selfish colleagues.

    • +16

      Couldn't possibly answer that question as you've given no info on what it is you actually do, circumstances etc.

    • +3

      What do you currently do? What can you do? How soon do you need money?

    • +3

      Bold move if you're the sole breadwinner. If I were you, I would find another job first so a steady stream of income is coming in to look after bills, mortgage and put food on the table. And then you would start a side hustle with ABN etc with a view to quit your job as soon as your business takes off. Keep the redundancy payment for a rainy day and pay off your credit card and other high interest debts with that and use some as capital for your new venture.

      Again, we don't know what you currently do and what you want to do as business. There are lots of variables at play given the current interest rates, market sentiments, consumer confidence and that we are edging towards another GFC.

    • +3

      Everyone deserves at least one good redundancy (hope you get it). Great time to be looking for a new role either permanent or contract.

      Spend a few dollars speaking to a business coach if setting up your own business… heaps of tips and tricks if you can find the right mentor,

    • +3

      I’d find a better office.

      Running your own business means selfish customers and suppliers and competition who are even worse to deal with. Add to that more hours for less money.

      Unless you already have a business plan, or can afford a few months off work + startup fees to develop one, going alone isn’t likely to make you happy

    • +3

      Any advice I should open an ABN and start my own thing?

      I think it would be a mistake to do this now under pressure, get a new job first so you can keep your family provided for.

      Now you can take the time to plan out your next move more carefully

    • From the story I don't think it's clear you're getting axed - more likely than not but unclear, anyway..

      You could use your redundancy payout to start a Jim's business e.g mowing, book keeping, fence building.

      If you have a family and not much backup I'd go for something low risk. Perhaps that is a Jim's business?

  • +1

    Just curious to know. Could it be a possible scenario for employer to reduce the redundancy spending?

    “The amount of redundancy pay owing may be reduced (in some cases to zero) if your employer offers you another job and you don't accept it. In some cases your employer will need to apply to the Fair Work Commission for an order that they pay a reduced amount of, or zero, redundancy pay.” https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis…

    • It could, in that case accept the new job and if you don't enjoy it, start job hunting and leave when you find something better. It is nice to get a payout but not guaranteed.

      • +1

        I think that’d the worst scenario to me.
        And I recall one of my colleagues sat next to me had gone through this and he didn’t accept the new role and got redundant (not sure if he was rewarded the redundancy but left in a couple of weeks)

        • +7

          Just don't make any decisions on the spot at the meeting if they throw things at you. Tell them you'll take information with you and get back to them.

    • +2

      Yup, although they need to offer the same pay and be a similar job, they can’t offer you any old role.

    • +1

      It's more for say your local bank branch shuts down and they offer you the same position at the branch down the road. You would need to have a dam good reason to not take that position.

      If they job is changing enough then you are redundant. If they are now going to offer you 3 days a week for example, you have every right to take the redundancy in full.

  • +2

    Come out as gay a couple days before. They cant get rid of you then!

    (All love here, not intending to discriminate <3 )

  • +8

    As hard as it is and feels like a gut punch, you've basically just won a mini lottery. You're about to get free money to start something new. Take advantage of the situation and look to it as an opportunity.

    You've got this!

  • +1

    what you get depends on what state you live in, and what your work contract says. Read that over a few times before the meeting, and hit up google for what your employment rights are in your state/industry too. Know your rights BEFORE you walk in. Chances are you’ll walk out of that meeting unemployed. There’s also a chance that they’ll ask you to take time off while they make some larger decisions about the direction of the business. DO NOT AGREE TO DO THIS.

    Roughly speaking your pay out is usually a month’s salary for every year you’ve been there, plus whatever holiday pay you have banked up.

    Emotionally speaking, I’m sure you’ll be fine. I’ve been through a few redundancies in my time, they’re nothing to stress too hard about. This is actually a really good thing. Just move forward with your life.

    • //they’ll ask you to take time off while they make some larger decisions about the direction of the business. DO NOT AGREE TO DO THIS.
      The meeting letter mentioned this and they will need my feedback. What do you mean by not agreeing to this?

      • +1

        I am not sure why you wouldnt take the leave if offered. To me it would seem like a great opportunity to start applying for other jobs.

        • i mean, it depends what you want personally. But me? Gimme the cash. You’re about to give me annual leave for life, I’ll take the cash.

          Plus depending on exactly how the business is doing, they can reduce their business costs if you take leave vs a payout.

          You owe the business nothing. Take what you need and bounce

      • It could be different in your EBA, but generally you want to use up annual leave as an employee rather than get a payout and be unemployed.

        If you take leave you are also entitled to leave loading. If your leave is paid out, you just get the value of the hours.

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