NSW Company is Restructuring - Is There a Case for Redundancy?

[levie]

I am in a situation where the company I work for is re-structuring. The direct reports I currently have will be cut by at least half and re-directed to report elsewhere. My job title is flagged to be changed. I have not been terminated and no discussion of a pay cut. There are no previous performance issues.

I am in the so called consult process currently. In effect the structure is already pre-determined and I have very little choice!

Is there a case for redundancy given my responsibilities have been significantly diluted?

 

[Rod]

Possibly. If you are interested in a redundancy might be time to see a lawyer.

 

[levie]

Thanks, on what grounds is it possible in your opinion?

The restructure takes me from 18 employees I am currently responsible for to 6. The businesses survival is not dependant on this change.

 

[Rod]

Significant change in duties. Might be eligible for constructive dismissal however I'm unclear if this will then lead to an entitlement for a redundancy. Suggest you need to discuss the detail with a lawyer.

 

[Clancy]

You could suggest you might be open to voluntary redundancy depending on what they offer?

If their not offering redundancy then they are probably thinking along the lines that this is a growth oriented restructure rather than a scale back restructure, in which case their not going to want to let go of experienced staff.

 

[levie]

Could be but I have my doubts that it is growth oriented. For the preceding 4 or so months the interaction has been one of constant borderline harassment. Examples of being spoken down to, condescension, being belittled and essentially feeling as though I have had a target on my back. Now the restructure, somewhat coincidental!!

I plan to put mutual redundancy on the table. Is this the right approach and any further suggestions on what to now do?

 

[Clancy]

Could be but I have my doubts that it is growth oriented. For the preceding 4 or so months the interaction has been one of constant borderline harassment. Examples of being spoken down to, condescension, being belittled and essentially feeling as though I have had a target on my back. Now the restructure, somewhat coincidental!!
I plan to put mutual redundancy on the table. Is this the right approach and any further suggestions on what to now do?

Ohhhh its the old provoke you to resign routine. Scumbags do this to skimp on redundancy.

Well, ok, what you do then is keep a diary of everything that happens, and gather whatever evidence you can then bring a bullying case against them through the fair work ombudsman!

 

[levie]

He verbally offered redundancy this morning and then retracted it this afternoon before putting it in writing!! Can he do that?

 

[Rod]

He verbally offered redundancy this morning and then retracted it this afternoon before putting it in writing!! Can he do that?

Maybe. If the offer was subject to putting it in writing, then definitely yes. As your contract is likely in writing, variations to the contract should also be in writing.

 

[Clancy]

He verbally offered redundancy this morning and then retracted it this afternoon before putting it in writing!! Can he do that?

You mean to say he put the redundancy offer in writing?