NSW Redundancy - cant find a role

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krishnakani

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27 July 2017
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I work for an IT consulting firm as a permanent employee. They place me at the clients site and I need to come back onto bench if they cannot find me a client to work.


What I have noticed lately is if they cannot find me an engagement in certain time, they are letting the employee to go on a reason “Sorry, we can’t find you a client”.


And they employee is not getting any Redundancy package.


Can I get some advice from this forum, if the above-mentioned scenario is classified as Redundancy?


Regards,
 

Rob Legat - SBPL

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Very broadly in those circumstances:
- If they terminate the employment, don't replace the employee, and don't have another position that person could reasonably have done - it's a redundancy; or
- If they terminate the employment and either replace the employee or have another reasonable position available - it's not a redundancy.

There are also possibly requirements about consultation, depending on the employment circumstances and the applicable award/agreement.
 

krishnakani

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27 July 2017
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Thanks Rob for your response.


In my current work place scenario, they let the employee go as they cannot find a position with client and if another engagement happened to come with the same client or different client, they will place some other consultant internally or hire a new one.


Where can I get more information on my consultation requirements / agreement. Will there be any section in the contract that specifies this?


Regards,

Kris.
 

Rob Legat - SBPL

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Regarding the first part, the facts of the matter (eg timeframes, likely expectancy of work) will play a significant role.

The consultation requirements will likely be in your Award. You can do a search on the www.fwc.gov.au website.
 

krishnakani

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27 July 2017
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Sorry, I didn't quite understand the following bit -

Regarding the first part, the facts of the matter (eg time frames, likely expectancy of work) will play a significant role.

Are you referring that the amount of time you have been with the company will have an impact on the redundancy?
 

Rod

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These kinds of situations vary and a lawyer needs to see what you signed with the employer/agency to work out what kind of agreement is in place.

Your length of employment and number of employees are both important factors.
 

Rob Legat - SBPL

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What I meant was: if the business loses the engagement and has no idea when or if they will pick up more work, it's possible it's a valid redundancy. But, if they lose the engagement and know from previous experience the client will be back in the next week or so, then it may not be a valid redundancy.
 

krishnakani

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27 July 2017
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Thanks Rob for the explanation. Very helpful.

FYI, this is what mentioned in my contract.

Re-assignment -
The Employer may discuss with the Employee re-assignment to an equivalent role for which the Employer judges the Employee to be suitably qualified and experienced. Unless otherwise agreed in writing, the Employee’s employment in any such re-assignment will continue on the terms and conditions of this Agreement. Such re-assignment will not constitute termination of this Agreement or of the employment of the Employee.

Where redundancy provisions apply, redundancy or severance pay will be paid in accordance with current legislation.

Do I need to understand any thing from this?

Thanks
 

Rob Legat - SBPL

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Re-assignment is not redundancy; that's the effect of the "having another position" comment I made earlier, and is common in a workplace restructuring. The wording you've put above seems rather normal to me.