QLD Forced Redundancy by Employer - What to Do?

[Rebekah20]

I would like to find out what options I have in regards to the following. There is a more in depth backstory, but long story short, I was forced to transfer from one branch to another 14 months ago. There were already two people at the new branch performing the same role as I was and have continued to perform. Then a new staff member was hired to fill the vacancy left by my transfer at the original branch. Then today, I was given 2 ½ hours notice to attend a meeting where I was handed documentation advising that there is ‘potential redundancy of your position’. I was also handed a Deed of separation and release. (basically effective immediately.) There has been ongoing communication between HR and myself of late in regards to being paid below the base salary for the role, and so I find this turn of events suspicious and not coincidental.

Who or where would be best to advise me further? I have spoken to Fair Work Australia and they have said that because I haven’t been unfairly dismissed, there is nothing they can do at this stage.

 

[JS79]

Keep an eye out for your job to be re advertised and if it does - get onto an employment lawyer quick smart (maybe even before hand to make sure there is nothing you can claim for). Some employers do this and it can be actually unfair dismissal.

An article on redundancies for you: Redundancy: A Quick Guide for Employees - Legal Blog - LawAnswers.com.au

and an article on unfair dismissal and the fairwork commission can be found here: Unfair Dismissal and the Fair Work Commission - Legal Blog - LawAnswers.com.au

See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you/
to be put in touch with a local employment lawyer.

 

[Serge Gorval]

It sounds like your employer wants to make your position redundant and at the same time short circuiting the consultation process. the deed of release will NOT release the employer if there has been an underpayment of your wages and if you are an award covered employee.

Given that there are multiple people engaged in your role, a proper consultation must be carried out otherwise you have a pretty solid UD claim.