Made redundent then new suitable jobs filled soon after leaving

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Neilo

Member
17 February 2019
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Around 3 months ago I was told my part time role was no longer needed and i was offered redundancy or a full time (FT) role (which I was unable to take due to my carer obligations for my injured partner).
Interestingly, the FT role was my old job plus other high level duties for which I wasn't trained nor experienced in. I asked if there were any other suitable part time roles available to which the answer was No!
Roll forward 3 months after accepting redundancy and I have heard that there were as many as 2 suitable part time positions filled soon after I was sent on my way. Knowing how these things work with my ex employer, they must have discussed these roles at board level budget meetings long before I was made redundant.
My question is...what recourse do I have available to me considering
1.) the redundancy dismissal (possibly discrimination, due to my carer obligations and
2.) the fact that they may have had other suitable roles available, but denied their existance when I asked about them during the formal dismissal process (as is my right under fair work law)
 

Rod

Lawyer
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27 May 2014
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I don't like your chances.

You must apply for unfair dismissal within 21 of the date of dismissal and while you can seek leave to apply after 21 days, the hurdle to jump is quite high. Unless you can show good solid evidence it was not a genuine redundancy, and more than job ads 3 months after dismissal will be needed, then you have next to no chance.

Adverse action or discrimination may be a possibility but more evidence is needed. Do you have any evidence discrimination occurred, or are you just joining the dots?