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employee_curios
11-01-2013, 11:28 AM
Hi All,
Just wondering about a circumstance I am in. I have been made redundant and have been given a formal letter on company letterhead stating this as well as the date this will occur.

If the employee has a change of heart and wants to keep me on after this point, can they legally cancel my redundancy payout and keep me on as long as they need me ?

NicoleAnita
11-01-2013, 08:05 PM
Hi All,
Just wondering about a circumstance I am in. I have been made redundant and have been given a formal letter on company letterhead stating this as well as the date this will occur.

If the employee has a change of heart and wants to keep me on after this point, can they legally cancel my redundancy payout and keep me on as long as they need me ?

Sounds to me like its not a genuine redundancy? I could understand if for example the company had decided to outsource payroll and needed to tidy up a few things but other than that the company sounds dodgy and I'd be making sure I was receiving what I was entitled to in terms of dollars etc.

Qld IR Consultant
14-01-2013, 08:38 AM
Sounds like they have had a 11th hour piece of legal advice on exactly what a genuine redundancy should look like and their obligations in terms of consultation. I would be very wary of them from here on if I was you.

employee_curios
14-01-2013, 09:24 AM
I have now received a letter with my payout calculations. Is that enough to make it a certain redundancy or would I need a specific document stating this?

In this case it is an outsourcer taking over in a number of weeks but if things don't go to plan, would they have to reemploy me or can they extended the dead line to suit them

Qld IR Consultant
14-01-2013, 11:30 AM
How do you mean "outsourcer taking over"??...Sounds like a transmission of business which opens up a whole range of other issues......

employee_curios
14-01-2013, 03:16 PM
I mean the whole division is being outsourced to a vendor who can provide the same services offshore at a cheaper rate

Qld IR Consultant
16-01-2013, 09:07 AM
ok so your division is closing down because there is no longer any work?!

First off have they attempted to redeploy you into another role? Have they have had meaningful consultation with staff around the redundancies?

If they are wanting to extend your time there to cover off on an overlap then they can ask you to. I would think you would have the option of refusing to and taking the payout and leaving but I would think that if it wasn't going to interfere with any new job or affect your payout then it would be ok to stay on for a short time longer..... Decision is yours in my view......

Greg Schmidt
30-01-2013, 04:38 PM
Your employer has certain obligations in an outsourcing scenario. For example, to consult with you, to advise you of the reasons that your job is at risk, to provide you with information (such as your potential redundancy benefits) and to consider options for redeployment to another role. It's possible that all of the employer's steps so far might be consistent with those obligations to consult and inform, without necessarily and inevitably leading to a termination of employment.

A lot depends upon what you have been told in writing. If the letter accompanying the payout calculations said "this is what you will be paid when you are dismissed on xx/xx/2013", that would be very different from a letter that said "this is your potential redundancy payment that you would be entitled to if we had to dismiss you..." It's also important to distinguish between being told that your current role won't be available from a particular date as opposed to being told that your employment with the company will end on a particular date.

However, once you are issued with a Notice of Termination, that's binding. The employer can't unilaterally retract notice of termination without your agreement, because you are entitled to act on that formal notice (for example, by committing to a job with another employer). But if it suits you to allow it, you can let the employer amend the date of termination, or withdraw the notice of termination.

Greg