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## Situation Overview

My wife, a cafe head chef in the hospitality industry, has been working at Venue A for the past 20 months. With the impending closure of Venue B, the head chef there, who is also a part owner, will be taking over her position at Venue A.

## Recent Development

However, she recently received the news that she has been made redundant due to a restructuring of the company. She has been informed that she only has 2 weeks left at work before her position is no longer available. Despite her dedicated service and recent pay rise, she will not receive any redundancy pay as the company claims to be small and unable to provide such compensation.

## Concerns and Questions

This situation has raised questions about the legitimacy of the company’s actions regarding redundancy and the lack of compensation. My wife is especially frustrated by the disparity in notice periods between resigning employees and those being terminated. Is this treatment fair and legal under the circumstances?

## How AI Legalese Decoder Can Help

AI Legalese Decoder can provide insights and guidance on the legal aspects of employment termination and redundancy. It can analyze the relevant laws and regulations to determine if the company’s actions are in compliance. Additionally, it can assist in understanding the definitions of small and large businesses in relation to employment rights and compensation. By utilizing AI Legalese Decoder, my wife can gain clarity on her rights and potential courses of action in this challenging situation.

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5 Comments

  • Evil-Santa

    If the business is a small business then yes, No redundancy. Are they a small business, I think that anything under 15 people is classed a s small business. (unsure how casuals count in that) With 3 venues they may have more than that. Not really sure so best read up/consult someone qualified.

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  • Particular-Try5584

    This is probably your award: [https://library.fairwork.gov.au/award/?krn=ma000119](https://library.fairwork.gov.au/award/?krn=ma000119)

    Redundancy info starts at [https://library.fairwork.gov.au/award/?krn=ma000119#_Toc141177779](https://library.fairwork.gov.au/award/?krn=ma000119#_Toc141177779) section 35. (More than 1 year but not more than 3 years
    2 weeks)

    Does the ‘small business’ have less than 15 staff? [https://www.fairwork.gov.au/ending-employment/redundancy/who-doesnt-get-redundancy-pay](https://www.fairwork.gov.au/ending-employment/redundancy/who-doesnt-get-redundancy-pay)

    This last one is probably what they plan to lean on. It gets tricky, because they may be running each location under a different ABN (you can look that up online), so how many staff does the ABN your wife is employed under have on it? If it’s more than 15 then your wife should get two weeks redundancy payment, on top of two weeks notice.

  • tranbo

    # Notice of Termination by an Employee

    An employee must give their employer notice of termination as below:

    ||
    ||
    |**Employee’s period of continuous service with the employer at the end of the day the notice is given**|**Period of notice**|
    |Not more than 1 year|1 week|
    |More than 1 year but not more than 3 years|2 weeks|
    |More than 3 years but not more than 5 years|3 weeks|
    |More than 5 years|4 weeks|

    check your contract/award, but what you say is consistent with the laws

  • tranbo

    # Notice of Termination by an Employee

    An employee must give their employer notice of termination as below:

    between 1 and 3 years is 2 weeks

    [https://www.paycat.com.au/blog/ma000009-hospitality-industry-general-award](https://www.paycat.com.au/blog/ma000009-hospitality-industry-general-award)

    check your contract/award, but what you say is consistent with the laws