Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
How to calculate redundancy payments
Business
With Gavin Goffe  
September 29, 2020

How to calculate redundancy payments

Legal Notes

Myers, Fletcher & Gordon (MF&G) has included a redundancy calculator on its website. This comes as businesses continue to cut jobs in response to the novel coronavirus pandemic.

Although the formula for redundancy is set out in the Employment (Termination and Redundancy Payments) Regulations of 1974, we find that approximately 60 per cent of the calculations that we are asked to review, are inaccurate.

The redundancy calculator will, hopefully, be a useful tool to employers and employees alike in these difficult times. It does not apply to seasonal employees.

There are four main mistakes that employers tend to make when calculating redundancy payments.

ONE MONTH IS NOT EQUAL TO FOUR WEEKS

By far the most common mistake is treating one month as equivalent to four weeks and consequently dividing the monthly salary by four to get the weekly salary. Of course, some months have five weeks while others have four weeks. If every month had only four weeks, then a year would have 48 weeks instead of 52. If you’re using the monthly salary to compute redundancy payments, you need to first calculate the annual salary and then divide it by 52 to get the weekly salary.

In our redundancy calculator, you have the option of entering the weekly, monthly or annual salary.

ROUNDING UP AND DOWN

Another frequent error is disregarding the years of service in-between anniversary dates.

Our law allows you to round down to the previous anniversary year if the employee has not exceeded 13 weeks of service between their anniversary date and the effective date of the redundancy.

If the employee has more than 39 weeks of service since their last anniversary date, they are rounded up to a full year of service. Anything in-between 13 and 39 weeks is treated as a half-year of service. These fractional calculations only apply if the employee qualifies for redundancy in the first place by having 104 consecutive weeks (or two calendar years) of uninterrupted service. Seasonal employees, whose service is regularly and predictably interrupted are also entitled to redundancy pay, however, the method of computing it is different than what is set out above and is not included in MF&G’s redundancy calculator.

COMMISSION-BASED REMUNERATION

By law, if an employee’s earnings include commission, then the weekly salary is defined as the normal wages earned in the last normal week of employment before redundancy or the average normal wages earned in the last 13 normal weeks of employment before redundancy, whichever is greater. What constitutes the last normal week of employment in the context of this pandemic and the layoffs that it has occasioned, is a matter that requires analysis on a case-by-case basis by an attorney who practices labour law.

THE RELEVANT DATE

The “relevant date” for purposes of redundancy is the date that the redundancy is deemed to take effect and the employment relationship is ended. That is often the same date that notice of termination is given if the employee agrees to, or is contractually obligated to accept pay in lieu of notice. If, however, the business gives notice without payment in lieu, or if the employee rejects the offer of pay in lieu of notice, then the relevant date will be the date that the notice expires.

For example, if an employee is given notice of termination on Wednesday September 30, 2020 and they are entitled to 3 months’ notice, then unless they accept a payment in lieu of notice, the relevant date would be December 30, 2020 and their years of service would be reckoned until that date.

In the case of an employee who elects to be dismissed by reason of redundancy after being laid-off for more than 120 days, it is the employee (and not the business) that selects the relevant date. That date must be between 14 and 60 days from the date of the employee’s election. For more guidance on how to make that election, refer to the footnotes on the Redundancy Election Template found in the Resource section of MF&G’s website.

There is a short, six-month limitation period, starting on the relevant date, to bring a redundancy claim. If you have paid or received a redundancy payment that is not approximately the same as indicated in our redundancy calculator, you should speak with a labour law attorney immediately. MF&G’s redundancy calculator can be accessed on www.myersfletcher.com/redundancy.

Gavin Goffe is a partner at Myers, Fletcher & Gordon, and is a member of the firm’s Litigation Department (Labour and Employment Law Practice Group). He may be contacted at gavin.goffe@mfg.com.jm or through the firm’s website www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.

Gavin Goffe

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

BZR WKND ticket buyers still waiting on refund weeks after organisers pledged money back
Entertainment, Latest News
BZR WKND ticket buyers still waiting on refund weeks after organisers pledged money back
November 3, 2026
KINGSTON, Jamaica — Patrons who purchased tickets for the postponed BZR WKND Jamaica 2026 concert are expressing frustration over what they say is a l...
{"jamaica-observer":"Jamaica Observer"}
UK, Jamaica sign four-year partnership for Melissa reconstruction
Latest News, News
UK, Jamaica sign four-year partnership for Melissa reconstruction
November 3, 2026
KINGSTON, Jamaica — Jamaica and the United Kingdom (UK) have signed a four-year partnership aimed at accelerating reconstruction following the devasta...
{"jamaica-observer":"Jamaica Observer"}
Jamaican man accused of voting illegally in US elections over 22 years
Latest News, News
Jamaican man accused of voting illegally in US elections over 22 years
November 3, 2026
A Jamaican man has been arrested in the United States for allegedly voting illegally in a range of US elections between 2000 and 2022, the US Immigrat...
{"jamaica-observer":"Jamaica Observer", "breaking-news":"Push Notifications"}
TikTok creator Marcel Johnson dies at 32 after battle with cancer
International News, Latest News
TikTok creator Marcel Johnson dies at 32 after battle with cancer
November 3, 2026
KINGSTON, Jamaica — TikTok creator Marcel Johnson has died at age 32 following a battle with stomach cancer, prompting emotional tributes from his wif...
{"jamaica-observer":"Jamaica Observer"}
Anthony Patrick set for Molynes United return after Thomas sacking
Latest News, Sports
Anthony Patrick set for Molynes United return after Thomas sacking
November 3, 2026
KINGSTON, Jamaica —Veteran coach Anthony Patrick is set to make a return to Molynes United, replacing Jermaine Thomas, who was dismissed following the...
{"jamaica-observer":"Jamaica Observer"}
Forex: $159.62 to one US dollar
Latest News
Forex: $159.62 to one US dollar
November 3, 2026
KINGSTON, Jamaica — The United States (US) dollar on Tuesday, November 3, ended trading at $159.62, up from $159.55, according to the Bank of Jamaica’...
{"jamaica-observer":"Jamaica Observer"}
Police identify Manchester man fatally shot in alleged confrontation
Latest News, News
Police identify Manchester man fatally shot in alleged confrontation
November 3, 2026
MANCHESTER, Jamaica — Police have identified the man who was fatally shot in an alleged confrontation with cops in Knockpatrick, Manchester, as a crim...
{"jamaica-observer":"Jamaica Observer"}
UK PM to give Caribbean £40m in aid amid calls for reparations over role in the slave trade
International News, Latest News
UK PM to give Caribbean £40m in aid amid calls for reparations over role in the slave trade
November 3, 2026
Around £40m in Caribbean aid funding has been approved by United Kingdom (UK) Prime Minister Andy Burnham amid calls for him to pay reparations for Br...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct