NSW Sacked by Way of Fake Redundancy - Can I Claim Compensation?

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Nemesis

Well-Known Member
2 October 2016
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I believe I was sacked by way of a "fake" redundancy by a big (national) corporation in Sydney in 2014.

On the day I left, several roles on another team (doing different tasks) were (genuinely) made redundant but I was told that I was being made redundant on that day as well. Obviously though, a redundancy applies to role/position, not an employee.

In fact, on my last day, there were 2 roles like mine on our team (of which one was filled by me) and yet on the following day there were *still* 2 such roles on the team, except one of the people from one of the roles actually made redundant on another (different type of) team basically *replaced* me, even sitting at my desk.

The company had no legitimate or legal reason to sack me but there were certain managers who felt threatened by my achievements and made the redundancy (sacking) decision.

Doesn't this mean I was technically unfairly dismissed? And what recourse do I have to claim compensation given that I have not been able to find work for nearly 3 years, largely because the company even refused to give me a reference or have anyone act as a referee?

It was a dirty & political act and I believe it can be easily proven that my role did not, and still has not, become redundant.
 

Rod

Lawyer
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27 May 2014
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If you can prove it to the satisfaction of a court you have a chance at court for compensation. Keep in mind that any win you do have would more than likely have the redundancy payout subtracted. Plus you need to show evidence of having applied for jobs in the meantime.

Not straightforward, you'll need to see a lawyer with details.