ER-Enthusiast
19-08-2011, 05:27 PM
I have an interesting case before me at the present, if you would care to share your thoughts that would be great.
I have an employer who has made a person redundant and consequently paid them out. A few months after this the employee was re employed with the company (completely different sector and role) and so there is not some argument over this being a re-deployment and continuation of service rather than a redundancy.
One sector of the organisation is now asking the other sector to pay up for the employees balance of sick leave and long service leave.
My first thoughts are that there is no continuation, its a new employment relationship. However there is also a notion that it could be possibly considered as a continuation of employment by fair work and so the severance pay really doesn't count for anything, similar to if a business changed ownership and existing employees entitlements were "paid out" doesn't stop them for claiming those entitlements as you cannot pay out such entitlements so it ends up being more a bonus payment then any entitlement pay out.
Hoping my message is coming across here :)
I have an employer who has made a person redundant and consequently paid them out. A few months after this the employee was re employed with the company (completely different sector and role) and so there is not some argument over this being a re-deployment and continuation of service rather than a redundancy.
One sector of the organisation is now asking the other sector to pay up for the employees balance of sick leave and long service leave.
My first thoughts are that there is no continuation, its a new employment relationship. However there is also a notion that it could be possibly considered as a continuation of employment by fair work and so the severance pay really doesn't count for anything, similar to if a business changed ownership and existing employees entitlements were "paid out" doesn't stop them for claiming those entitlements as you cannot pay out such entitlements so it ends up being more a bonus payment then any entitlement pay out.
Hoping my message is coming across here :)