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QLD Am I Entitled to a Redundancy Pay under Employment Law?

Discussion in 'Employment Law Forum' started by winjero, 15 November 2015.

  1. winjero

    winjero Member

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    I was made redundant and they said that I was not getting paid the redundancy pay as they were a small business. At the time of my redundancy, there were 16 people (full time and casual) on the books. My understanding is that it had to be less than 15 people on the books to claim this.

    I was there just over 3 years and the reason was not because of my performance in my position but due to the downturn in the area my position was no longer required.

    Under Employment Law, am I entitled to the redundancy as they also commented that it had to be 15 full time employees?
     
  2. Serge Gorval

    Serge Gorval Well-Known Member

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    Provided that the casuals were employed on a regular and systematic basis then no, they are not a small business and you are entitled to NES redundancy as provided by section 119 of the Fair Work Act 2009, you are entitled to 7 weeks.

    Given their conduct in this respect, are you positive that your position was a genuine redundancy?

    The legislation is quite specific in this respect and you may have an unfair dismissal claim.
     
  3. winjero

    winjero Member

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    The notice of Termination clearly states and I quote" As a result of economic downturn the position of Service Administrator is no longer needed. Regrettably this means your employment will be terminated. This decisions is not a reflection on your performance." I have a verbal confirmation from the Operations Manager that my position was indeed made redundant.
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

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    If the redundancy is not carried out correctly, I.e. there is no genuine downturn or that proper consultation was not provided then you have a claim for UD.

    Alternatively if you don't want to challenge the termination, it seems that you weren't provided with redundancy pay when you should have been.
     
  5. winjero

    winjero Member

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    That is what I was thinking have started proceedings with Fair Work. These things happen I just don't want anyone else to have to go through anything like this. I know there is one other person at present that they are doing it to. Makes me cringe to think that they doing it to people
     

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