NSW Redundancy Help

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Nautica

Member
23 July 2020
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In a redundancy package if superannuation in a work contract is 15.4% and the award is 9.5% which percentage needs to be calculated?
If hours are owed for time in lieu and there is no reference to it in the Deed of Release is it fair to ask it to be included
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Contract. Award sets a minimum level, contracts can increase the minimum levels.

When signing a proper deed of release you will be prevented from taking any further action, so best include everything you want now.

Deed of release should also be mutual, not one sided.

Let me know if you need help.
 

Nautica

Member
23 July 2020
4
0
1
i have been working in my role for more than 10 years during that time I carried out duties after hours. As time passed I found myself working more and more in my own hours. In 2019 I became unwell and a claim was accepted by workcover for the period of time I was unwell. This amounted to 5 weeks. It was relayed to me that I should have put in the hours worked at the time. When I said that nobody had ever told me to record the time I had worked, they asked me to fill in the forms and they would see what they could do. As I had worked many hours answering emails, I replied that if I had to fill in a form for every event that there would be hundreds of forms. It was agreed that I would put the hours on a spread sheet. I did this and sent it to them. I was made redundant last week and the deed of release makes no mention to these extra hours. I sent an email negotiating a mention of the extra hours I had worked in the Deed. I received an email this afternoon saying that as I did not apply for the time in the set time then I have lst my entitlements.
 

Rod

Lawyer
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27 May 2014
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If you are made redundant you do not need to sign a deed of release.

You would only do so if you are to receive some kind of benefit over and above your redundancy entitlement.
 

Nautica

Member
23 July 2020
4
0
1
Thank you for your reply. If the corporation is not willing to offer reimbursement for the time worked stating that I did not meet the deadline would it be worthwhile speaking to a lawyer? If so do I need to speak to a specialist lawyer and where do I find one?
 

Rod

Lawyer
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27 May 2014
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Keep in mind the detail here is what will determine whether you are owed pay for our hours worked. You cannot unilaterally decide to work overtime. You need an agreement. If that agreement is given, then it is unlikely a time limit will apply.

Any employment lawyer.

If you can't find one you like in NSW, I can help.