LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Resigned Three Weeks Ago - Claim on Redundancy?

Discussion in 'Employment Law Forum' started by kevin bowles, 24 June 2015.

  1. kevin bowles

    kevin bowles Member

    Joined:
    24 June 2015
    Messages:
    2
    Likes Received:
    0
    I resigned from my employer on medical grounds 3 weeks before my fellow staff were made redundant. Do I have any claim to redundancy under employment law? I was an employee for 17 years.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,170
    Likes Received:
    257
    That's a bummer Kevin.

    Any way you can 'un-resign'? Was your resignation acknowledged and accepted by the employer?

    If not, looks like you were very unlucky. Can't see why you would be entitled to redundancy if you resigned first.

    It used to be a fairly common tactic for management to unsettle staff with fear uncertainty and doubt so that many would leave before redundancies were offered. Of course the drawback to this approach was that the company lost many of its best employees first as they knew they could get jobs easily elsewhere.

    All the best.
     
  3. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Kevin,

    Can you describe a bit more about what was going on at your workplace in the lead up to your resignation?
    • Were you harassed, threatened or intimidated?
    • What were the "medical grounds" you referred to? Were they caused by your employer?
    • Why were the staff made redundant? Has the business folded?
     
  4. kevin bowles

    kevin bowles Member

    Joined:
    24 June 2015
    Messages:
    2
    Likes Received:
    0
    thanks for responding, unfortunately my disability is not work related and wasn't caused by employer
    the company I worked for closed our local branch (large company) I didn't think I had a case was wondering if they had known they were closing before I resigned I may have a case but I guess that is more ethical than law
     

Share This Page

Loading...