Significant effect and redundancy

The Minimum Conditions of Employment Act 1993 requires employers to notify employees of significant changes and provide job search leave

Where an employer has decided to take action that will result in redundancy or have a significant effect on an employee, the employee must be notified as soon as reasonably practical.

In such situations, the Minimum Conditions of Employment Act 1993 (MCE Act) also requires the employer to discuss:

• the likely effects of the action; and
• measures that can be taken (if any) to avoid or minimise the significant effect.

Under the MCE Act, employees who have been made redundant are entitled to paid leave of up to eight hours for the purpose of being interviewed for new jobs. 

IMPORTANT NOTICE

In addition to the abovementioned provisions, employees facing significant change or redundancy may receive further entitlements via the General Order on Termination, Change and Redundancy (TCR Order) - including severance payments for some employees.  

The TCR Order was issued in 2005 by the Western Australian Industrial Relations Commission, and applies to all employers and employees working in the State jurisdiction.

DOCEP Labour Relations has developed a fact sheet to assist employers and employees understand their rights and obligations under the TCR Order.  It is available here.

A full copy of the TCR Order is available here.

For further information call Wageline on 1300 655 266.