Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

NSW Should I Stay Longer to Receive Redundancy Payout?

Discussion in 'Employment Law Forum' started by Emmaaalouise, 24 June 2016.

  1. Emmaaalouise

    Emmaaalouise Member

    24 June 2016
    Likes Received:

    The program I work for has recently gone under a restructure and as a result, many positions are changing. I was under the impression I would not be affected by this as I'm on a fixed term employment contract that ends 30/06/16. However, it was brought to my attention by my employer that I am entitled to either redeployment or voluntary redundancy because I've been on more than one employment contract in the same organisation (so far all of this is positive).

    I have decided to take the voluntary redundancy and told HR of my decision. I also said, my final day, as per my contract, will be the 30/06/16. HR came back to me and said my end date will have to be negotiated and I may need to stay on after the 30th to be entitled to the redundancy payout. Is this right? Can they make me stay on longer even though my contract has an end date?

    Any other time I'd be happy to stay on the extra time just so I could receive the payout however, I have been fortunate enough to have secured new employment beginning on 4/7/16 (HR are unaware of this at current)

    Any help would be really appreciated! I have a meeting on Monday to discuss HR's decision and want to have my facts right prior to this.
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    If you are being made redundant the employer chooses the date of redundancy not the employee. If you can negotiate a date all well and good, but don't count on it.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    If they are trying to make things work out in your favour, and you have no other work lined up, then stay.
    If you have a new job ready to go, then take the available money and go.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page