NSW Can I Demand Redundancy?

Discussion in 'Employment Law Forum' started by pat7172, 19 January 2018.

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  1. pat7172

    pat7172 Active Member

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    Hi all,

    I have a question about work probation period. I have been contracting since March 2017 with my current employer. Not long after I started I was informed that my role (even though they changed the title and job description somewhat) would be converted to a permanent role and that I would need to apply for it if I wanted to continue working for the Company.

    I undertook the interview in July 2107 and was successful. I was informed verbally I had the role. In August 2017, a formal email communications took place with HR for per-employment requests for security checks, etc - to which there were no problems. Due to "slowness" I wasn't officially on boarded as a permanent staff member until Oct 23, 2017. Whilst waiting, I was still contracting.

    My situation now is that due to a company restructure, it looks like I may be short between 4-8 weeks from passing my 6 month probation period and consequently will loose the opportunity of being offered a senior service redundancy package- which is significant.

    My question is: as I went for the interview back in July and was successful, do I have any legal ground to "demand" the redundancy due to the tardiness to secure my permanent status? In other words if they had brought me on as a permanent around August I would not be in this predicament.

    Thanks.
     
  2. Rod

    Rod Well-Known Member

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    Based on your post I can't see any right to vary the start date.

    Plus entitlement to redundancy is normally after a minimum period of 12 months, unless the award/EA or employment contract shortens the period.
     
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  3. pat7172

    pat7172 Active Member

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    Thanks Rod. My contract allows redundancy after 6 months.
     
  4. Tim W

    Tim W Lawyer
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    No.
     
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  5. pat7172

    pat7172 Active Member

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    Thanks Tim
     
  6. pat7172

    pat7172 Active Member

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    Hi All,


    Back to my question about the restructure and my probation period/redundancy above: I have been informed that my employer can't just end my employment within my 6-month probation period and not offer me redundancy, as the probation period is related to performance – not time.

    If I have been performing (which I have – no complaints and currently have completed a performance review which states I meet expectations) then I should be deemed a permanent worker and be offered a redundancy even if it is my probation period. Is this right? BTW I am 4 months into my probation period.

    Thanks!
     
  7. Rod

    Rod Well-Known Member

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    Are you still employed? If it ended, when did it end?
     
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  8. pat7172

    pat7172 Active Member

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    Hi Rod, yes I am still employed - 4 months into my probation period. Thanks.
     
  9. Rod

    Rod Well-Known Member

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    No. You need to get past the 6 months.
     
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  10. pat7172

    pat7172 Active Member

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    Thanks Rod
     
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