WA Redundancy Payment has not been Paid?

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20 August 2014
I was hoping to find out some of the laws regarding redundancies? My husband was handed a printed letter from his copy (with letter heads and all) on the 29th of May stating that he was being made redundant and the amounts that he was to be paid out.They were making all the people in his position nation wide redundant and sub-contracting the position out.

In the letter it states that he has a 2 week notice period however does not have a specific finish date, it also doesn't have a signature on it but has got the head of HR/ Operations Managers name printed at the bottom? They did have a different position that my husband applied for and they said it was his. We have been waiting for him to change over jobs and receive his redundancy package but they just keep him doing the same job as they are unable to find contractors to take the position. He hasn't changed over jobs, hasn't received a pay out & they are now threatening him saying he won't get the other position if he doesn't do things that were never specified that he had to do in the first place. They have him driving over 760km and making delivers and filling machines all in 1 day and expect that he works longer then his specified hours. He has never taken a lunch break and now is getting home between 6 and 8 o'clock most nights instead of finishing at 5pm as specified in his contract.

I'm unsure on what to do or how to go about approaching them about this, He has tried talking to the Managers but they tell him they don't know and they'll look into it but never get back to him. Is there anything I or he can do under employment law?

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
Ballarat, Victoria

It sounds like the role he was doing isn't yet formally redundant. Hence why he hasn't received the redundancy payout.

There may or may not be a question as to whether it us a genuine redundancy.

Maybe ring Fair Work Australia or the Fair Work Ombudsman about that and maybe also the issue of the seemingly excessive and potentially unsafe working hours. He may also be entitled to overtime.

Hope that helps.