redundancy

[amalan11]

I am so upset... my store that I have been in 5 years at 26 hrs perm part time p.w is closing next Tue ,we have known for a while it would prob happen but only confirmed 3 weeks ago.

I had a meeting with regional manager and HR and they offered me either redundancy or a suitable position in another store. Any way manager could not give any redundancy figure and then went on Holiday for 2 weeks,I was told she would give figure in next meeting  no job was suitable  and anyway on Tue we had another meeting and I was told I could have x store 16 hrs pw casual for a one year maternity leave vacancy I did not think it was suitable so said "what is the redundancy  " was told 10 weeks pay, so $5804 net . I said ok I want that as store x is not suitable . Told ok if I was sure  they said they hate to loose me ect but if that was what I wanted ,i asked and amount and what date I will be paid ,told   all fine I was really  happy 

Anyway today I sent email as requested of my acceptance  ,first chance as I do not work Wed get phone call from HR  " my boss has not accepted redundancy as you have been offered a suitable job"

I am so cross no mention was made of any approval being needed it was a done deal so it is just so wrong .

I contacted fair work Australia  and a solicitor  who both say it is not correct as they have an obligation to pay redundancy  or "comparable  employment " the job 16 hrs casual is not comparable  and the other thing work will look at is the Airport store but that will require late nights eg 11pm finish so is also not comparable.

Hopefully I can use this to get the redundancy back on offer but im so stressed over  the whole thing.My last day is 4 days away and I still don't  know whats happening 

[i-need-a-martini]

Fair Work won't help much unless you have an agreement in place.

You need to contact the SDA Union who will negotiate on your behalf.

[jessicadazzler97]

Wow, I'm so sorry you've had to go through that. The solicitor will probably be able to help you more than Fair Work; at least they will back up your case. Try not to stress, talk to your solicitor again, and let us know any progress 🙂

[janeababe]

This Redundancy fact sheet from the FairWork Ombudsman website might (or may not) help you.


stick to your guns....  afterall, you were not given a REAL choice in this change of career!
They cant just blackmail you with another job if it is not suitable!


Good luck

http://www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/minimum-workplace-entitlements/n...

[gleee58]

Wow, that's low.  It sounds like a sneaky way to avoid the redundancy payout.  Offer the staff casual work instead, which might dry up after a few weeks, leaving you stranded with no work and no redundancy payment.

[the_great_she_elephant]

I can't offer any helpful advice I'm afraid,  but I just wanted to send hugs and say how sorry I am to hear you have been treated so badly. I do hope things work out eventually. 

[amalan11]

Well may be good news, had another talk with HR. Told them what I  had been told by Fair work and Solicitor,  they said it was comparable  work according to their legal person . So I said I had no choice  but to proceed with a Fair Work complaint and it would have to be arbited... they reoffered store x 16 hrs casual or Airport couple of shifts a week casual 12 to 10 or 10.30....

Anyway she said she would recheck but repeated their legal advice was opposite  to mine. Said she will get back to me hopefully next week. I Said ok I will lodge with Fair work ect she said fine

I got off phone a nervous wreck I had really hoped they may back down as the advice I had from FW and lawer was unequivocal. 6 min later my phone rings..

"Hi   its -------again,iv got great news iv been back to legal  and it was a misunderstanding  we can offer you the redundancy  as we discussed.  Previously "

I do not get confirmation  email tillMon so im still not to trusting but hopefully 

I am a nervous wreck , thankyou for your kind messages sometimes  you just have to complain .

If it works out I cannot  say how gratefull I feel to FW and legal centre that they helped so fast  .

[the_great_she_elephant]

That does sound hopeful. Fingers crossed you get confirmation soon.