Dear friends, thank you for this website, and an opportunity to seek wider information. I realise that I am probably in a good position but I still feel hurt and would appreciate your advice.
Two years ago I was seconded to a role in another Department in my organisation which has now been restructured into a smaller section within a larger structure (my Department is still the same size with the same work, but is simply part of a larger structure within the organisation).
It has been clear to me for some time that the role was potentially at risk and it has been verbally confirmed. They are terminating the secondment and I do not have a post to return to (this ceased after the first 6 months of the secondment). They have proposed to offer me a package which my lawyer (and, more importantly, accountant) says seems reasonable. It is exactly what our work Staff Agreement lays out (nothing extra, however it is a reasonable agreement). Work has asked me to list any further requests which I took to mean small items like potentially buying my computer from them. I gave them this verbally but they have not come back to me yet. My last day will be 31 January 2019.
In the meantime my work has advertised two positions (one internally, one internationally) that I could have been a candidate for. This makes me feel that it is not a 'genuine redundancy'. I am above the high income threshold set for unfair dismissal claims in the Fair Work Commission, and therefore would be precluded from making a claim. It feels as if they are making no attempt to redeploy me within the organisation. Are they obliged to (in my experience from abroad they are obliged to consider all staff in a redeployment position prior to advertising)?
Finding a new job will mean moving interstate, when I moved here from Europe in good faith, my partner has not found work yet. Should I accept the proposal on the table or send a list of requests including additional in lieu of notice/golden handshake, via my lawyer?
I appreciate the time you have taken to read this and any response you may have. Thank you.
MS
Two years ago I was seconded to a role in another Department in my organisation which has now been restructured into a smaller section within a larger structure (my Department is still the same size with the same work, but is simply part of a larger structure within the organisation).
It has been clear to me for some time that the role was potentially at risk and it has been verbally confirmed. They are terminating the secondment and I do not have a post to return to (this ceased after the first 6 months of the secondment). They have proposed to offer me a package which my lawyer (and, more importantly, accountant) says seems reasonable. It is exactly what our work Staff Agreement lays out (nothing extra, however it is a reasonable agreement). Work has asked me to list any further requests which I took to mean small items like potentially buying my computer from them. I gave them this verbally but they have not come back to me yet. My last day will be 31 January 2019.
In the meantime my work has advertised two positions (one internally, one internationally) that I could have been a candidate for. This makes me feel that it is not a 'genuine redundancy'. I am above the high income threshold set for unfair dismissal claims in the Fair Work Commission, and therefore would be precluded from making a claim. It feels as if they are making no attempt to redeploy me within the organisation. Are they obliged to (in my experience from abroad they are obliged to consider all staff in a redeployment position prior to advertising)?
Finding a new job will mean moving interstate, when I moved here from Europe in good faith, my partner has not found work yet. Should I accept the proposal on the table or send a list of requests including additional in lieu of notice/golden handshake, via my lawyer?
I appreciate the time you have taken to read this and any response you may have. Thank you.
MS