QLD Employers moving business - entitlements

[Cairns123]

Hi I am just chasing some basic info please:
Details: company moving interstate I have worked continuously since 2008 in full time upper management roles and the most senior roles the last 18 mths

I am unable to move interstate, fifo is not an option and neither is working externally from qld for the same company.

1. Am I entitled to a redundancy? Is there a standard algorithm for redundancy payments?
2. My vehicle, housing, training, holidays and other great benefits all provided to me and my family by the company so the changes will be major life changes For all my family.
3. I am unlikely to gain equivalent specialist employment in my field in the same area
4. I cannot move as my kids are in various junior and senior private high schools.
5. There are zero other employers in our area in my field and regardless I know none will provide us with the same perks once the company moves
5. Can I request my long service be paid out as a lump sum despite contracts stating this is not an option (signed a few years ago when the business was not planning to move).

 

[Rod]

You likely qualify for redundancy based on a forced move interstate, assuming your employer has more than 14 employees, and assuming an award or EA does not apply.

An employment contract cannot overrule the law. You are entitled to 16 weeks pay if employed 9-10 years, and 12 weeks pay if employed for more than 10 years. Soz, can't remember off the top of my head why the amount reduces after 10 years services, suspect it is related to long service leave becoming available but can't say with complete confidence.

It is possible to have the amount reduced if the employer complains poor to the FWC.

I can't answer about long service leave as it is a state based law and I'm not in Qld. But general rule applies in that statutory laws will override employment contracts.