PDA

View Full Version : Can Redundancy Notice be Revoked?



TigerLily
26-03-2012, 10:46 AM
I work for a company which was recently the subject of a takeover and a decision was made to close Australian operations. I have received notice of redundancy and signed the deed for the agreed payout. (I have not yet received the counter-signed copy back from my employer).

Yesterday it was announced that there has been a change in strategy and Australian operations will not be closed, for the foreseeable future anyhow. The exact situation is unclear and unlikely to become clear in the next month.

What is my situation? Am I still able to take the redundancy?
Is it still taxable at reduced rates?

Thank you!

HeyPete
27-03-2012, 10:12 AM
Have you received a notice of termination along with your redundancy calculations? How long was it before the offer was revoked?

Generally industrial courts and tribunals will not allow the withdrawal of a termination notice by either the employee or the employer.

Reason being is that if the employee withdraws a termination, then it is likely that the employer has engaged a new person for the role who has in turn provided a termination notice to their employer.

Similarly, if the employer withdraws a termination, the employee may have found other employment, with the result being the employee is now bound by two contracts of employment.

Terri Cohen
28-03-2012, 03:13 PM
It is my understanding that if you have been provided with a Deed of Release, the Company is required to provide you with a further Deed revoking the original Deed of Release. The reason behind this is because the Deed is a legal binding document where both parties have agreed to the terms. Whether the Deed of Release has been signed or not, it is implied that your position will be made redundant as soon as you were formally provided with the Deed. I presume that you attended a formal meeting where the information and documentation was provided.