VIC Performance managed out and redundancy

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mIri

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13 July 2022
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The centre I work at will close. A few months ago, my manager resigned as he was being targeted and performance managed out. He has missed out on the redundancy. I feel absolutely terrible for him as he worked with the business for a very long time, gave it his everything and missed out by a few months! It feels so immoral that someone up top didn't just tell him to stick around for a few months as payment for all his hard work and sacrifice. Is there anything that can be done? Sorry if this is a silly question but we're talking over $100k here. I can't stop thinking about him.
 

Rod

Lawyer
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27 May 2014
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Possibly. Would need to see the investigation into the performance reviews and the timing of management discussions about the closure.

He will need to overcome the 21 day window following dismissal however that may be possible if the knowledge about redundancy is only recent ie within the last 21 days.
 

mIri

Member
13 July 2022
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0
1
Possibly. Would need to see the investigation into the performance reviews and the timing of management discussions about the closure.

He will need to overcome the 21 day window following dismissal however that may be possible if the knowledge about redundancy is only recent ie within the last 21 days.
Thank you for your reply. Can you please expand on the send part of your reply about the 21 days? He wasn't dismissed, but resigned. Can you tell me what we can do as next steps?
 

Tim W

Lawyer
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28 April 2014
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First, understand that there is no "we".
This is between him and the employer.
You cannot help him - you have no standing.
As a matter of law, it's "none of your business".

Not only will he have to overcome the 21 day question, but
there will also be a question of showing that the performance management was not done properly, and
that he was driven to resign rather than do so of his own choosing.

As to your personal feelings about management decisions being "immoral"....
that has no legal weight at all.