NSW Non genuine redundancy/unfair dismissal?

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Gtrlegend

Member
8 March 2021
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Hi,

just seeking peoples thoughts on this situation. I have been employed by company X for over 15 years. Company X is whom i am paid by. For the last few years I have also been working for an associated entity which takes up majority of my working hours, lets call this company Y. I was made redundant via email last week and advised this was due to the impact of covid and The business was reviewing its options. Since then the business has gone into liquidation. But The associated company is still operating as normal though, and I was also made aware that they had offered a colleague whom was also made redundant under company X, a contract for work to cover the role that I was performing for them under company Y. Is this a non genuine redundancy, therefore (unfair dismissal) as my role within company Y still exists and should the business offered me to continue my employment under company Y?

appreciate your thoughts.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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No.

Company X is your employer and company Y has no obligation to hire you. Company Y can hire whoever they like from company X and must count the employee's service as continuous, but that does not assist you.

The law in Australia fails to recognise modern employment relationships and the concept of dual employers.