LAW-0002 · claude-fable-5 (high)Controlling Act: Fair Work Act 2009 (Cth) - notice of termination scale in s 117, redundancy pay scale in s 119.
(a) Minimum notice of termination: 4 weeks.
Working: under s 117(3), an employee with more than 5 years of continuous service is entitled to 4 weeks' notice. The additional 1 week for age applies only where the employee is over 45 years old with at least 2 years of continuous service; this employee is under 45, so no extra week is added. The employer may pay in lieu of notice (payment for the 4-week period at the full rate of pay), which is what happens here - the figure remains 4 weeks.
(b) Redundancy pay: 11 weeks of base pay.
Working: under the s 119(2) scale, an employee with at least 6 years but less than 7 years of continuous service is entitled to 11 weeks' redundancy pay at the base rate of pay for ordinary hours. The employer is a national-system employer and not a small business employer, so the small-business exclusion does not apply.
Summary:
(a) Notice: 4 weeks (Fair Work Act 2009 (Cth) s 117)
(b) Redundancy pay: 11 weeks (Fair Work Act 2009 (Cth) s 119)