Redundancy Law Brisbane and Queensland

Redundancy payments in Brisbane and Queensland are now governed by the Fair Work Act 2009. This article does not represent to the provision of any legal advice.  You should seek advice regarding redundancy pay law from a professional lawyer who is knowledgeable about redundancy payments. 

Redundancy Notice of Termination - What must an employer do?

An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given). In some situations this does not apply. Seek legal advice for those situations.

Written notice of redundancy may be given to an employee by:

(a) delivering it personally; or

(b) leaving it at the employee’s last known address; or

(c) sending it by pre-paid post to the employee’s last known address.

Amount of notice or payment in lieu of notice

(2) The employer must not terminate the employee’s employment

unless:

(a) the time between giving the notice and the day of the

termination is at least the period (the minimum period of

notice) worked out under subsection (3); or

(b) the employer has paid to the employee (or to another person

on the employee’s behalf) payment in lieu of notice of at

least the amount the employer would have been liable to pay

to the employee (or to another person on the employee’s

behalf) at the full rate of pay for the hours the employee

would have worked had the employment continued until the

end of the minimum period of notice.

Employment Law Queensland

The statutes and legislation related to employment law in Queensland are

• Workplace Health and Safety Act 1995

• Queensland Anti-Discrimination Act 1991 (QLD)

• Workers Compensation and Rehabilitation Act 2003

Workcover Queensland Act 1996: This legislation imposes obligations on various people regarding the safety of workplaces. Under the Act various people like the employer, employees, supervisors and managers are all responsible for ensuring a safe and healthy working environment. The Act further provides guidelines on assessing the risks and taking steps to minimizing or managing exposure to common risks.  The Act also covers workplace harassment since harassment at the workplace is considered to be detrimental to the health and safety of employees.

Complaints relating to the breach of this Act should be taken to the Workplace Health and Safety Queensland (WHSQ). However if you are seeking compensation the WHSQ has no authority to order the employer to pay compensation.

Queensland Anti-Discrimination Act 1991 (QLD): The legislation is administered to prevent employers from discriminating against employees on the basis of religion, gender, race, age, disability, political belief, industrial activity, sexual orientation, family responsibility, pregnancy, parental status, relationship status.

If an employee believes that he/ she is being discriminated against he/ she can file a written complaint with the Anti Discrimination Commission. The Commission is responsible for assessing the complaint and if it is found to be in jurisdiction then attempt a conciliation. If the matter cannot be resolved then it is further referred to the Anti Discrimination Tribunal which can give a judgment on the matter that is legally enforceable

Workers Compensation and Rehabilitation Act 2003: Under this legislation the employer is obligated to be insured under the Workcover policy or be self insured. Most organizations in Queensland will be insured under the Workcover policy however, certain large organizations are self insured. Under the Act the employer is liable to pay compensation for injuries sustained at work by employees though the employer will very rarely directly pay the compensation. Usually WorkCover Queensland takes care of the payment in accordance with section 109 of the Act.

The employer is further obligated to report to WorkCover Queensland when

• An employee is injured at the workplace and the injury may call for compensation

• When the employer pays an amount in compensation for injury sustained

• When the employee demands for compensation due to an injury sustained.

The Act also states that the employer should provide rehabilitation to the employee for the period for which the worker is entitled to compensation due to the injury.