Non Genuine Redundancy

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

CCIAO

Member
2 December 2020
2
0
1
I was advised me position was being made redundant throughout the entire organisation and replace with a new position
Position Description: nearly identical with some additional tasks and $2.50 per hour pay rise. Guaranteed the position is mine on several occasion by the interview panel but had to apply formally through Seek to conform with procedures. Outcome: Was not successful because I did not score/interview as well as the other applicant. Other applicant does not have the qualifications as required. I do. Once told I was not successful advised at the same time I can choose between limited hours (but not told how many) as they could not tell me what my job description or pay would now be with a partial redundancy. I was also given a list of internal positions I could apply for that I was not qualified for or where 6 - 10 hours away. Or a full redundancy. I advised that the unstable nature of their offer forces me to go for full redundancy. The new role entails the same requirements and this role and been offered to an unqualified person. I am seeking legal advise because I feel this is not a genuine redundancy. What are you thoughts? Also I am seeking legal advise. I have been advised the consult is $500 and then $3,300 plus any ongoings or no win no fee. What do the difference between no win no fee and paying upfront for a solicitor please.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Where are you located (what State)?

Consult fee is not unreasonable, though I general provide some free to start with.

Sounds like the $3300 is for an unfair dismissal claim. Need to ask what that covers and does it go all the way to the end of a hearing. No win no fee can be a misnomer and generally people charge more than an upfront fee if successful. There are limits on what solicitors can do no win no fee wise. Other 'paid agents' do not have the same limitation.
 

CCIAO

Member
2 December 2020
2
0
1
Located in QLD,
Thank you for your response.
I have decided to make the unfair dismissal claim without representation. After working out the maximum compensation have decided not to engage a solicitor. I have spoken to job watch and they have been exceptionally helpful with free advice.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
ok.

Let me know if you want help with the step after mediation.