NSW Potential Redundancy Issues with Employer

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JustMe

Member
15 November 2014
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0
1
My employer has informed me that due to duplications between departments, up to 30% of current roles will be made redundant. We were given timelines, new role profiles and an overview of what the selection process will look like. We were not asked if people would like to be considered for redundancy. However, there will be many who would like that option. I am not trusting that if I ask the question they would then redeploy me in the hope I would quit soon after, meaning they don't need to pay me out.

My question is: If I apply for a new role at my current pay grade, or even a pay grade level above, and I am not successful with my application, can my employer tell me I have to take another alternative role within the new department at the same pay and same location as my current one?
Following from this, what if I say no to an alternative role after I apply for another one, will I still be able to get a redundancy?
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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Ballarat, Victoria
Hi JustMe,

You can never be forced to take a role however if you declined a role, you could put your redundancy at risk - it could then be up the employer's discretion. And the the other issue is, if you alleged unfair dismissal and you declined a role, you may struggle in such a claim. It all could turn out well but there are some risks as I said, in declining a role in this situation.

Hope that helps.

Paul.
 
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JustMe

Member
15 November 2014
2
0
1
Hi JustMe,

You can never be forced to take a role however if you declined a role, you could put your redundancy at risk - it could then be up the employer's discretion. And the the other issue is, if you alleged unfair dismissal and you declined a role, you may struggle in such a claim. It all could turn out well but there are some risks as I said, in declining a role in this situation.

Hope that helps.

Paul.
Thank you Paul for answering. It still appears that it leaves me in the same position which requires asking the question directly to HR as part of the consultancy phase. Do you have any good links with examples how to write those type of questions to ensure my queries can't be hold against me?