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Position Elimination Letter for Australia

Position Elimination Letter Template for Australia

A Position Elimination Letter is a formal document used in Australian workplaces to notify an employee that their position is being made redundant. This document must comply with the Fair Work Act 2009 and related Australian employment legislation, including specific state-based requirements where applicable. The letter outlines the business reasons for the redundancy, confirms the timing, details the employee's entitlements under Australian law, and provides information about the transition process. It serves as a crucial legal document that demonstrates compliance with fair work practices and proper consultation procedures while maintaining a professional and compassionate approach to workforce restructuring.

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Position Elimination Letter

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What is a Position Elimination Letter?

The Position Elimination Letter is a critical document used in Australian business restructuring and redundancy situations. It is required when an organization needs to formally communicate the elimination of a position due to various business reasons such as restructuring, economic downturn, technological changes, or operational efficiency improvements. The document must align with the Fair Work Act 2009 and other relevant Australian employment legislation, ensuring proper notice periods and redundancy entitlements are provided. It should be used after proper consultation processes have been completed and when the decision to eliminate the position is final. The letter typically includes details about the business case for redundancy, timeline for implementation, redundancy payments, notice periods, and support services available to the affected employee. This document is particularly important as it helps protect both employer and employee interests while ensuring compliance with Australian workplace laws.

What sections should be included in a Position Elimination Letter?

1. Opening and Date: Formal letter opening with date and employee details

2. Business Context: Clear explanation of the business circumstances leading to the position elimination

3. Confirmation of Position Elimination: Direct statement confirming the elimination of the position and effective date

4. Notice Period: Details of the notice period and last day of employment

5. Redundancy Entitlements: Overview of redundancy pay and other entitlements as per National Employment Standards

6. Final Pay Details: Breakdown of final payment including unused leave entitlements

7. Company Property: Instructions regarding return of company property

8. Confidentiality Obligations: Reminder of ongoing confidentiality obligations

9. Contact Information: Details of who to contact for questions or support

What sections are optional to include in a Position Elimination Letter?

1. Redeployment Options: Include when alternative positions are available within the organization

2. Outplacement Support: Include when the company is providing career transition services

3. Garden Leave: Include when the employee will not be required to work during notice period

4. Reference Letter: Include when the company will provide a reference letter

5. Non-Compete Reminder: Include when existing employment contract contains post-employment restrictions

6. Employee Assistance Program: Include when providing access to counseling or support services

What schedules should be included in a Position Elimination Letter?

1. Schedule A - Redundancy Payment Calculation: Detailed breakdown of redundancy payment calculation

2. Schedule B - Final Pay Calculation: Detailed breakdown of final pay including all entitlements

3. Schedule C - Outplacement Services: Details of career transition support services if provided

4. Schedule D - Company Property Checklist: List of company items to be returned

5. Appendix 1 - Support Services: List of available support services and contact information

6. Appendix 2 - Frequently Asked Questions: Common questions and answers about the redundancy process

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Termination Letter

Sector

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Mining

Construction

Professional Services

Telecommunications

Media and Entertainment

Agriculture

Transportation and Logistics

Energy and Utilities

Public Sector

Hospitality and Tourism

Relevant Teams

Human Resources

Legal

Finance

Operations

Executive Leadership

Industrial Relations

Talent Management

Payroll

Compliance

Risk Management

Employee Relations

Corporate Communications

Relevant Roles

Chief Executive Officer

Human Resources Manager

Legal Counsel

Department Head

Line Manager

Finance Director

Operations Manager

Project Manager

Business Unit Leader

Regional Manager

Branch Manager

Team Leader

Supervisor

Industrial Relations Manager

Talent Management Director

Workforce Planning Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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