NSW Can I Negotiate an Involuntary Redundancy Package?

[AnnaL]

Hi,

I have just been informed that there is a possibility of being made redundant. My boss said that this is a consultative period and no decisions have been made in regards to closure of the business. He said I can put a business case forward that the company can consider, otherwise it will be an involuntary redundancy. I have not received a redundancy package as of yet but he said I would receive my legal entitlements (redundancy and notice) but there will be no negotiation. This is a global business and he said that our projects would still take place inAustralia however they will be now run by our office in the UK. Therefore, I am confused as I thought a redundancy was when a position was no longer required but someone will be taking over my work in the UK? I understand my boss needs to tell us this a consultative period as he is legally obliged to but I can not see our office staying open or any business cases will be actually considered as we also found out the lease of our office terminates this Friday.

Can anyone please advise if I would have a case to be able to negotiate a package? As it is so close to Christmas I feel I will find it difficult to find a new job before the Christmas break. I am happy to make am appointment to seek legal advice but I just wanted to check if I would be legally entitled to anything else other than the min. Redundancy entitlements.

 

[Sarah J]

Hi AnnaL,

Have a look at the following and if you want, you can speak with the Fair Work Ombudsman on your rights and entitlements to gain a bit more information:

- "Redundancy pay and entitlements"
- "Workplace info - entitlements"

 

[Sophea]

Hi AnnaL,

In circumstances where any business case will only be "considered" by your employer, I doubt that they will agree to give you anything more than minimum redundancy entitlements. And since they are just that, minimum entitlements - I'm not sure what you are expecting you may be able to get out of your employer.

As Sarah has mentioned, seek information from the Ombudsman about what your entitlements are, and make sure you are paid out correctly and lawfully when/if you are made redundant.