Made Redundant

[lukey121]

If someone is being made redundant and in their contract under notice period it says 1 month must be given, does that mean they (the employer) have to give you one months notice too? My friend is only getting 1 weeks pay and is wondering if legally he can have 1 month. He's been working there for 6 months

[happyjo]

Hi

To qualify for redundancy your boyfriend must have 2 years service with the employer.

It all depends on the terms of his contract, but if it specifies that each party give 1 month notice, then he may possibly have a wrongful dismissal claim. If the contract is silent to notice periods or the notice period is shorter than the statutory minimum, then the notice periods in s 86 of the ERA will apply. The statutory notice needed with 6 months employment is only one week.

J