How Does Voluntary Redundancy Work?

Table of Contents

Share at:

You may have heard of people who were made redundant. Those who were let go because their position was no longer required by the business. This could have been the decision of the employer (‘compulsory redundancy’) or the decision of the employee (‘voluntary redundancy’).

The focus of this article will be on voluntary redundancy. Firstly, we’ll discuss what is redundancy and what its means for redundancy to be voluntary. Secondly, we’ll go over when might you consider accepting voluntary redundancy. Thirdly, we’ll walk the process and what it means for you. By the end of this article, we hope you have a better understanding of how voluntary redundancy works.

What is Redundancy?

Redundancy occurs when an employer doesn’t need an employee’s job to be done anymore by anyone. This is solely based on the needs of the business and not an employee’s performance.

Redundancy may arise due to:

  • The introduction of new technology;
  • The business experiencing a downturn; or
  • The business being restructured.

What Is Voluntary Redundancy?

Voluntary redundancy occurs when an employer offers financial compensation in return for an employee agreeing to terminate their employment with the business.

Redundancy will usually be voluntary, as opposed to compulsory, when the employer doesn’t want to decide who to let go. Employees who have provided more than ten years of service, or are seniors, will usually be the first to be offered voluntary redundancy.

Why Should An Employee Consider Voluntary Redundancy? 

Voluntary redundancy gives an employee control over how they will leave the business. Firstly, an employee will be able to leave on good terms and part ways amicably as the decision was not forced upon them. Secondly, an employee will receive financial compensation and this should relieve some stress when planning next steps.

An employee might consider voluntary redundancy to be attractive if they are approaching retirement or are looking to make a career change. 

How Does Voluntary Redundancy Work?

Consultation 

When a business intends on making any major structural changes (incl. redundancies), it must participate in the consultation process. The requirements of the consultation process are set out in the applicable award, enterprise agreement or other registered agreement.

Generally speaking, consultation requires:

  • Notifying the employees who may be affected by the proposed changes;
  • Providing the employees with information about these changes and their expected effects;
  • Discussing steps taken to avoid and minimise negative effects on the employees; and
  • Considering the feedback from employees about the changes. 

If an employer does not comply with the consultation requirement, the employee’s dismissal may not be considered a “genuine redundancy”. In turn, this may open the employer up to claims for unfair dismissal.

Entitlements

When an employee is made redundant, they may be entitled to a redundancy payment (also referred to as a severance package). Note, however, that some exceptions apply.

A redundancy payment comprises of:

  • Compensation for redundancy (calculated based on years of service);
  • Unused sick, annual and long-service leave; and/or
  • Payment in lieu of notice period.

So long as the redundancy is genuine, the redundancy payout is tax-free up to a certain limit (again, based on years of service).

Conclusion

When presented with the offer of voluntary redundancy, its important to weigh up the pros and cons. Be sure to evaluate your financial situation, eligibility for redundancy payment and the current state of the job market. This will give you some perspective as to whether you can afford to become unemployed. Moreover, it’s important that it is a ‘genuine redundancy’ and that your employer has followed the consultation guidelines.

If you are looking for more tailored advice or guidance through the process, reach out to an experienced employment lawyer. 

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Difference Between a General and Enduring Power of Attorney (2026 Update)

Which do you need: General vs Enduring Power of Attorney? This guide walks you through the differences and typical legal scenarios.

What Happens to Shares when a Shareholder Dies?

Unsure what happens to shares when a shareholder dies? Shares don’t just disappear, and several legal documents affect the outcome. This guide covers the details.

Is It Legal for Directors to Borrow Money From Their Company?

As a director, you may be able to take out a loan from your company. Read on for more information.

When Do You Need to Register for GST?

Learn when you need to register for GST in Australia, including turnover thresholds, rules for rideshare drivers, and voluntary registration benefits.

Can you Dismiss an Employee on Maternity Leave?

Dismissal while on parental or maternity leave in Australia is not always illegal, but it can be tricky due to strict legal protections. Consult our guide for more details.

Why Was My Trademark Rejected? Common Reasons in Australia

If your trademark application was rejected, you have several options on how to respond. Our guide explains adverse examination reports and your response pathways.