WA Redundancy denied by FEG

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Aussiebattler

Member
2 April 2019
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Hello

I was recently made redundant as a result of my employer going into administration and then liquidation. I have made a claim through FEG for my entitlements which they have paid all except for redundancy. They have denied redundancy on the basis that there was less than 15 employees at the time of my termination. The company however had over 300 employees at the time of appointment of the administrator. All employees were terminated over a 4 week period and all have been paid their entitlements and redundancy by FEG. Due to my job requirements I was one of the last to be terminated at which time there was only 4 employees left, and therefore why FEG is denying my claim for redundancy. I have disputed the decision with FEG but they have again denied it. My next step is to appeal to the AAT but this comes with additional costs. I feel this situation is unethical and when I contacted FEG they even agreed that numerous employees are being caught in a situation where they are kept on for a period by the administrators and then are denied redundancy. This seems to be a loophole and extremely unfair. I have researched the Fair Work Act, etc to try and find a way to argue my case but so far haven't found anything that would help. Has anyone come across this situation before and can offer some advice please?
 

Paul Cott

Well-Known Member
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26 May 2014
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Ballarat, Victoria
Hi, that is a difficult situation you are in. Technically they are correct in saying that there are less than 15 employees at the time you actually leave. However you may be able to argue in the AAT that in fact as of the day of the announcement of the redundancy there were much more than 15 employees. I’d recommend you get some advice from someone who practices in the AAT. Good luck.
 

Rod

Lawyer
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27 May 2014
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Are you covered by an award or EA?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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915
2,894
OK, does look as though you have fallen into a loophole, sorry. :(

What has the Liquidator said? And has the Liquidator still got you above unsecured creditors?