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If you’ve been let go from your job during the COVID-19 crisis, you should still able to get your standard employment entitlements such as:

Notice period

If you’ve been let go from your job, you should be entitled to payment in lieu of notice period. Your notice period is based on the number of years you’ve been employed in the business.  If you’ve been made redundant and are over 45 years old and have worked for that employer for at least two years, you may also be entitled to an extra week’s notice pay.

The payment in lieu of notice period, must include the full amount that you’d have been paid if you had worked until the end of the notice period.

Annual Leave

On termination of your employment, you should also be entitled to be paid all accrued entitlements, including annual leave and annual leave loading, which is usually 17.5% of the annual leave.

You should refer to any enterprise agreement, modern award, employment contract or workplace policy, which may be applicable in your workplace, as this may provide for a higher amount of annual leave or annual leave loading.

Long Service Leave

If you’ve been working for your employer for 10 years or more, you should be entitled to long service leave payment on termination of your employment.

Alternatively, under some circumstances you may be entitled to a long service pro-rata payment if you’ve been working for your employer for five years or more (but less than ten) and have been forced to resign because of illness, incapacity, domestic or other pressing necessity.

This may be applicable if you’ve had to resign from your job due to the COVID-19 crisis. But you’ll need to prove that the COVID-19 circumstances leave you no option, but to resign and that it is the real or motivating reason for your resignation.

Redundancy Payment

If you’ve been employed on a continuous basis (either as a full-time or part-time employee) for at least 12-months and your role is made redundant, you should also be entitled to redundancy payments.  The redundancy payments is calculated on how many years of continuous service you’ve had with your employer.  If you are over 45 years of age, you are also entitled to an additional week of payment.

If you are a casual employee, or are employed by a small business (one that has fewer than 15 employees) you are not entitled to redundancy payments unless an enterprise agreement or your contract provides for it.

Sick Leave

You are not entitled to be paid any accrued sick leave, regardless of how much leave they have accrued over their years of service.

The above information regarding entitlements on termination of employment by an employer, is based on the minimum standards as set out in the National Employment Standards (NES) and replicated in most modern awards.  Where an employee is employed under an approved enterprise agreement, there may be higher entitlements than those outlined in the NES or modern award.  Alternatively, employees may also have higher conditions extended to them through their employment contracts or workplace policies, as such employees must consult their applicable workplace instruments to ensure all their rights are upheld during the termination process initiated by the employer.

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