If you have been fired, in most cases, you are entitled to either reasonable notice of your dismissal/termination, or more often, pay in lieu of notice. This pay in lieu of notice is referred to as a “severance” package.
If you are being fired without notice or cause, known as wrongful dismissal, in many cases your employer will have presented you with a severance agreement that typically provides you with a severance package.
How much severance am I entitled to?
The severance package you receive should reflect the amount of money you would have earned had you been given “reasonable notice” of your termination. For instance, if you are fired on January 1st without notice, but 10 months’ notice of your dismissal / termination would have been “reasonable” in the circumstances, your severance package should be roughly equal to what you would have earned between January 1st and November 1st.
The determination of what is “reasonable” for each employee depends on your employment contract, legislation, and court cases. Usually, your age, length of service, difficulty of re-employability, level of responsibility, and income will be taken into account in calculating the period of reasonable notice. Reasonable notice usually falls within a range of 3-24 months and, as such, can be a very significant entitlement. Feel free to contact us so we can discuss severance package details and any personal workplace situations that have arose.