Thanks
Can anyone in the company or anyone who had that work no longer exists do it, or can you get someone outside of the company to do it?
Hi Hannes,
It is hard to help you properly in this matter with the limited information that you have provided. Having said that and on the limited information available, prima facie, it would appear that it is not a genuine redundancy as the job and tasks and duties that you were previously doing are still in existence and are simply being performed by someone else (i.e. the independent contractor) and have not been subsumed into other existing roles within the business.
Some of the information that I will need would be, inter alia:
1. The process the employer went through to make you redundant (i.e. was there a consultation about the proposed redundancy);
2. Whether your are covered by an award or an employment contract;
3. Did you exercise any workplace rights in the lead up to the redundancy, such as making complaints or inquiries about your employment or taken leave or had any absences from work as a result of sickness or injuries, etc.
4. Who was you employer as this may depend on the legislation that applies to the termination of your employment, etc.
Please note that you have to be proactive about perusing an employment claim as any unfair dismal or general protections application, if the
Fair Work Act 2009 (Cth) applies to your employment, must be lodged within 21 days of termination. If you are outside the time frame, you would have to show exceptional circumstances in order to proceed with the application.
I hope that helps.