I have been with my current employer for almost 5 years. My position is being made redundant at the end of this month but my boss advised I am not entitled to redundancy because we have less than 15 employees at the Brisbane (Pty Ltd) operation and are therefore a small business. Head office is in New Zealand so I advised that we (Brisbane) are an associated entity of them because we cannot operate without them. All decisions, accounts, management are based there. The Brisbane op handles basic admin, sales and distribution. The sales reps were made redundant last year and one came back as a contractor. He was let go last month.
My boss replied with "regarding the associated entity, the Australian operation has less than 15 employees and it is the Australian operations only that this law covers. Associated entities need to be governed under the same jurisdiction"
She is not disputing that we/they are an associated entity, only that it doesn't apply because we are in different countries therefore I am not entitled to any redundancy.
Can anyone clarify if this correct? My Fairwork and various internet searches have provided nothing about trans-tasman associated entities etc.
My boss replied with "regarding the associated entity, the Australian operation has less than 15 employees and it is the Australian operations only that this law covers. Associated entities need to be governed under the same jurisdiction"
She is not disputing that we/they are an associated entity, only that it doesn't apply because we are in different countries therefore I am not entitled to any redundancy.
Can anyone clarify if this correct? My Fairwork and various internet searches have provided nothing about trans-tasman associated entities etc.