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VIC Employee Voluntarily Stepped Down - Claiming Redundancy?

Discussion in 'Employment Law Forum' started by Annie Miss, 11 August 2015.

  1. Annie Miss

    Annie Miss Member

    27 July 2015
    Likes Received:

    One of my management level employees (not covered by an award or certified agreement) voluntarily stepped down from his role a few months back as he said it was too stressful (although he lodged no claim or took time off for stress leave) and he said the structure didn't allow him to succeed. We have restructured his former 1 role into 2 at a lower level as a result of his stepping down. We have been unable to find him an alternative role internally. He is now claiming redundancy. We restructured as a result of him voluntarily stepping down and it was after his decision. We have no other job for him. Not sure this is redundancy. We want to avoid constructive dismissal. Is this best managed by a mutually agreed separation?

    Thank you
  2. John R

    John R Well-Known Member

    14 April 2014
    Likes Received:
    Hi @Annie Miss,
    1. Yes, the facts as you've set out don't appear to "walk and quack" like a redundancy.
    2. In my experience, a separation agreement for departing senior employees is a good outcome for both parties. That said, given the complexity of modern employment law, you should consider engaging an employment lawyer to sign off on any agreement to ensure the business has appropriate protection against any future claim from the former employee, etc.
    Hope this helps! Please keep us updated with your progress.
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