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WA Redundancy Pay - Breach of Contract Claim?

Discussion in 'Employment Law Forum' started by Robert Stevens, 25 January 2015.

  1. Robert Stevens

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    My employer stood me down for 4 months without pay "relying on the stand down clause in my contract "circumstances they could not be held reasonably responsible"

    After 4 months gave me formal notification that my job was redundant and offered me another position. When I asked about my entitlements and separation certificate they responded by asking "I assume you are looking to take redundancy" I responded '"yes, if my entitlements and redundancy is paid". They did not respond to my request but informed me I would be required to work my notice period which I did. I received no other official notification until the last week of my notice period when I received formal notification that I had rejected suitable alternative employment therefore I had resigned and would finish on the 15th Nov 2014. I received my entitlements but no redundancy pay which was 6 weeks pay. If I take the company to court to claim just my redundancy pay ( I have good grounds and will do this myself easily enough ) can I come back later with a separate claim for breach of contract for the 4 months of stand-down without pay and or for wrongful dismissal. My base wage was $197,000.

    Thank-you
     
  2. Rod

    Rod Well-Known Member

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    For wrongful dismissal you only have 21 days to apply to the Fair Work Commission. They may also be able to help with the unpaid wages at the same time, best to contact them. Otherwise contact the Fair Work Ombudsman about unpaid wages. Can't comment about the chance of success for unpaid wages relating to "circumstances they could not be held reasonably responsible" as there is not enough detail.
     

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