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VIC Redundancy and Potential Unfair Dismissal - What to Do about Exit Interview?

Discussion in 'Employment Law Forum' started by ElizabethJoseph, 6 June 2015.

  1. ElizabethJoseph

    ElizabethJoseph Well-Known Member

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    Hi,
    My employer has made me redundant and I am still serving 30 days redundancy notice period.

    I have certain issues with my employer and I am planning to go to Fair Work Australia for unfair dismissal after my last day of work. Haven't decided though. My understanding is I have 21 days from my last day of work to file a case of unfair dismissal.

    They know about this and they want me to give an exit interview before I leave. I know the only purpose of this exit interview is to cover up from any legal issues I can make for them.

    No employee has had an exit interview at this company before and there is nothing mentioned in my contract about exit interview.

    My question is if I deny to participate in exit interview can they legally refuse paying my redundancy pay? Company has no written policy about exit interview.
    Also can I take part in the exit interview and politely deny to answer questions that I don't want to or if they raise questions about unfair dismissal?

    Or shall I talk in brief about the problems that I had there and have it is recorded in exit interview. And then say that I do not want to go in detail?

    Can I lie in the exit interview that everything was OK and still go to fairwork for unfair dismissal?

    What would be the best option if I should be able file a case a fair work after finishing with them?

    Please answer asap as my last week of work is next week.
     
  2. Rod

    Rod Well-Known Member

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  3. ElizabethJoseph

    ElizabethJoseph Well-Known Member

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    Hi Rod,
    On what basis are you saying unfair dismissal may not be available for me?
     
  4. Rod

    Rod Well-Known Member

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    Genuine redundancy does not provide grounds for unfair dismissal.
     
  5. Tim W

    Tim W Lawyer

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    As to attending an exit interview - if you do decide to attend, then you are not obliged to answer any questions.
     
  6. ElizabethJoseph

    ElizabethJoseph Well-Known Member

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    Thank you for that Tim.

    So I can choose to answer or not to answer their questions in exit interview, right?
     
  7. ElizabethJoseph

    ElizabethJoseph Well-Known Member

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    Rod, how do you know it is genuine redundancy or not?
     
  8. Rod

    Rod Well-Known Member

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    It very much depends on many factors and the behaviour of the owners/managers. The determination requires detailed knowledge of the business and events leading up and immediately following the redundancy notice. My limited experience with redundancies is that unless it is an obvious and poor attempt at trying to hide an unfair dismissal that you can prove, then the redundancy will be deemed to be genuine.
     
  9. ElizabethJoseph

    ElizabethJoseph Well-Known Member

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    Thanks for your advice Rod. I have got enough evidence to prove the redundancy is not genuine.

    Otherwise I wouldn't think of going ahead with unfair dismissal.

    But I really appreciate your help.

    Thanks
     
  10. ElizabethJoseph

    ElizabethJoseph Well-Known Member

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    Rod,

    Just a second opinion. Will my redundancy pay be affected if I decide not to attend the exit interview or if I do not answer to all of their questions if I attend the exit interview.
     

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