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VIC Redundancy and Employment Law - Should Job be Offered to Me?

Discussion in 'Employment Law Forum' started by Peeved, 15 January 2016.

  1. Peeved

    Peeved Member

    15 January 2016
    Likes Received:

    I am not sure if this is a question that has been asked before but I was made redundant due to a lack of work in the Melbourne office where I was situated.

    They have since re-advertised the same position, and I know it is the same position as it is a satellite office with only one person working there. Under Employment Law, should I not have been offered the position if it becomes available again within 6 months of my redundancy?

    I am prepared to stand corrected on this point but just need an answer before they offer it to anyone else.

    Thank you
  2. Sophea

    Sophea Guest

    Hi Peeved,

    I gather you are not disputing the genuineness of your redundancy based on lack of work. I am not aware of any requirement to offer a redundant staff member a job again if one becomes available within 6 months. Once you are genuinely redundant there is nothing stopping a former employer from re-employing you, but as far as I am aware they are not obliged to should your position become available again.

    There is nothing preventing you from applying, though, and if they valued you as an employee they will most likely re-hire you.
  3. JS79

    JS79 Well-Known Member

    2 October 2015
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    You could also look to see if you can commence an unfair dismissal claim as it seems that it was not a legal redundancy. If you only found out that they have readvertised the job in the last 21 days, contact a local employment lawyer. See Get Connected with the Right Lawyer for You.

    It is possible that the fair work commission would not extend the 21 day limitation period, however, if you have only just found out in the last 21 days, a lawyer should be able to rebut that.
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  4. Serge Gorval

    Serge Gorval Well-Known Member
    LawTap Verified Lawyer

    2 November 2015
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    Hi peeved,

    If you were terminated by way of redundancy and your employer is re-advertising for the same job within 3 months ( not 6 ) then your termination could not be said to be a genuine redundancy as defined by section 389 of the Fair Work Act 2009.

    Being the case, you have a potential unfair dismissal case but as mentioned there may be jurisdictional issues given the out of time of the Application.

    What is your situation currently? Have you found new employment? Reason I ask is to assess damages.
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