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Victorian legal guide

Am I entitled to redundancy pay in Australia?

General information for people in Victoria · ORLA Connect

Whether you're entitled to redundancy pay in Australia depends on whether it was a genuine redundancy, your length of service, and the size of the employer. Under the National Employment Standards, eligible employees get redundancy pay based on their years of continuous service. Here's how it works.

What is a genuine redundancy

A redundancy is genuine when the employer no longer needs your job done by anyone, follows any consultation requirements, and couldn't reasonably redeploy you. If those aren't met, it may be an unfair dismissal instead.

How much is payable

Redundancy pay under the National Employment Standards is based on your period of continuous service, increasing with more years (up to a cap). An award, agreement or contract may provide more.

Small-business and other exceptions

Small-business employers and some categories of employee may be exempt from redundancy pay, so it's worth checking your specific situation.

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Does everyone get redundancy pay?
No — it depends on genuine redundancy, your length of service, and the employer’s size. Small-business employers may be exempt.
What if the redundancy wasn’t genuine?
If the role is still needed or you could have been redeployed, it may be an unfair dismissal rather than a genuine redundancy — get advice quickly.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.