NSW Employment Law - Legal to Sign a Contract to Receive Redundancy?

[markw]

I've been recently made redundant due to our position moving to our overseas office in the Philippines. However, in order to get my redundancy payout, I had to sign a contract to basically say I wouldn't sue to the employer or take any legal action toward them.

However, I need to take action to claim underpayment of wages and conditions. Is it actually legal under Employment Law for them to force me to sign a contact to receive a redundancy payout? One of the conditions were, we were paid on an hourly rate according to our contract, however, we worked 40-hour weeks, no overtime or time in lieu and I thought the maximum weekly normal hours was 38?

 

[Rod]

Is it actually legal for them to force me to sign a contact to receive a redundancy payout?

Unlikely. Recommend you do not sign, especially as you say you may have another cause of action against them.

As for hours worked, it may depend on your EBA or contract or award.

 

[Serge Gorval]

I suspect that they have offered you a deed of release, 2 issues arise.

Payment for redundancy is a statutory provision under the Fair Work Act ( section 119) and thus, an employment cannot contract out of paying minimum entitlements. At the very minimum, you have a claim for minimum redundancy entitlements.

If, however, your contract of employment gives you a more favourable position, do not sign anything!

Same applies to your underpayment claim. Is the claim contractual or based on award entitlements?