NSW No redundancy after 17 years

[LJF]

My husband C was told out of the blue on Wednesday (26.6.17) that his boss has sold the business (6 employees) and the new owner will take over today. C was being 'let go'. He has worked for the company full-time for 17 years. There was no formal employment contract. He was given paid notice to the end of July but told he doesn't have to work out this notice.

His boss was aware that C has to have a hip replacement in the coming months, and in fact the hospital has just provided the date of 18.7.17.

My questions are:
1. Is the employer obligated to pay anything further to C? He is 54 years of age.
2. Would it be worth arguing that because the employer knew of C's need to take six weeks off to recover from the hip replacement he chose to terminate his employment.

 

[Rod]

re: 1. Have you used the redundancy calculator to see if redundancy is available to your husband?

Welcome to the Fair Work Ombudsman website

Looks like 5 weeks notice is adequate.

re: 2. Probably not unless you have evidence this is the case. The selling of the business gives enough doubt to let the employer off on unfair dismissal.

 

[Serge Gorval]

re: 1. Have you used the redundancy calculator to see if redundancy is available to your husband?

Welcome to the Fair Work Ombudsman website

Rod, clearly it's a small business employer and a small business is not obliged to pay redundancy pay. cf s121 FW Act.

LJF, I'm more interested in this transfer of business issue, there are specific requirements as to what constitute a transfer and this is very important for entitlements and termination.

C may have a valid claim for unfair dismissal or Adverse Action.

Please get in contact if you would like a free consult. Also note that you have 21 days from date of termination to file a claim. this is critical !!!

 

[Rod]

Hi Serge,

I wasn't referring to redundancy but the required notice period an employer needs to give for termination under s 117 FWA

 

[Serge Gorval]

Hi Rod,

..But the OP said the Employer is paying notice in lieu till end of july --> approx 5 weeks assuming the husband is over 45 ..hence the 5 weeks notice.

not really sure what your saying

 

[Rod]

Yes, I was confirming that 5 weeks notice is adequate.