NSW Confused with what rights I have when transfer of business occurs..

Discussion in 'Employment Law Forum' started by Lyra, 25 April 2019.

  1. Lyra

    Lyra Member

    28 June 2018
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    Hi, my company is tranferring administration of its business to another company. This other company is now only taking about 50% of staff with them. The rest are being made redundant. I do not wish to transfer, but am happy to help with the transition of some specialized projects for a month or two to ensure it goes smoothly (not my normal role). I was happy if they made me redundant then the new company put me on a contract for those projects. My original company is trying to negotiate it so that I go on 'secondment' there instead (its going to be less than 3 months). My concerns are that 1. I wont end up getting redundancy, as by the time the secondment ends there will be less than 15 employees in the company (I will likely be the only one). 2. That if they want to keep extending the secondment I have no choice and unlikely to get redundancy. 3. The company will go into liquidation by then and not have the funds for redundancy.

    Do I have any options here? Are there any benefits to me for a secondment rather than getting a redundancy and then going on a contract to help with these projects?

    Further info: I have been there 7 years so redundancy would be a large figure.
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    If I was you, and based solely on the info in your post, I'd go for redundancy, then contract.

    Your concerns about redundancy and secondment are valid. You should also receive long service leave (pro-rata).

    Please contact my office if you want proper legal advice rather than opinion :).
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