Hi,
I am really interested in getting some advice of my complicated situation.
I currently work for an organisation which lost a contract faith in the health services department. This contract was then obtained by a new employer, in which is taking over the contract. Our old business is folding and all our employee contracts were to be transferred over to the new company.
I had been with the old company for 2.5years on a permanent contract and am 30weeks pregnant so was due to finish working with them in 5 weeks time. When I had a meeting with the new employer they initially offered me a casual contract due to convenience that it was finishing up in 5 weeks due to maternity and they assumed I wasn't doing back to work.
I questioned this with my current employer and said it would of been good to get a heads up as initially I was a bit surprised, she agreed that it was convenient for my circumstances. I advised her I would check my final leave entitlements.
I spoke with Fair Work Australia and advised the situation and they said two things;
Firstly, because even though I was offered the same role, but not the same contract (going from full time permanent to contract) that I would be entitled to redundancy pay as it is not the same employment status.
Secondly, I could make a complaint if I wished as I had been discriminated by giving me the contract due to my circumstances.
When I explained this to my current employer, they were not amused as they didn't expect to pay this and felt that this was the new employers fault, even thought this had initially been agreed between the both of them. My new employer has contacted the old employer and explained the situation and now they are trying to give me the option of a permanent contract, which presumably so, so that I will not get redundancy pay at all.
When I spoke to fairwork this morning, the answer I got was pretty much, well yes you. Won't be entitled to any redundancy payout now as you have been offered this optional contract. But when I initially spoke with them, they said first that regardless none the less I would be entitled to redundancy because the initial contract I was offered was casual.
Please can someone advise, what am I entitled to? I'm very upset and frustrated about the whole situation, just want to make sure I'm not being scammed out of money owed.
Thanks
I am really interested in getting some advice of my complicated situation.
I currently work for an organisation which lost a contract faith in the health services department. This contract was then obtained by a new employer, in which is taking over the contract. Our old business is folding and all our employee contracts were to be transferred over to the new company.
I had been with the old company for 2.5years on a permanent contract and am 30weeks pregnant so was due to finish working with them in 5 weeks time. When I had a meeting with the new employer they initially offered me a casual contract due to convenience that it was finishing up in 5 weeks due to maternity and they assumed I wasn't doing back to work.
I questioned this with my current employer and said it would of been good to get a heads up as initially I was a bit surprised, she agreed that it was convenient for my circumstances. I advised her I would check my final leave entitlements.
I spoke with Fair Work Australia and advised the situation and they said two things;
Firstly, because even though I was offered the same role, but not the same contract (going from full time permanent to contract) that I would be entitled to redundancy pay as it is not the same employment status.
Secondly, I could make a complaint if I wished as I had been discriminated by giving me the contract due to my circumstances.
When I explained this to my current employer, they were not amused as they didn't expect to pay this and felt that this was the new employers fault, even thought this had initially been agreed between the both of them. My new employer has contacted the old employer and explained the situation and now they are trying to give me the option of a permanent contract, which presumably so, so that I will not get redundancy pay at all.
When I spoke to fairwork this morning, the answer I got was pretty much, well yes you. Won't be entitled to any redundancy payout now as you have been offered this optional contract. But when I initially spoke with them, they said first that regardless none the less I would be entitled to redundancy because the initial contract I was offered was casual.
Please can someone advise, what am I entitled to? I'm very upset and frustrated about the whole situation, just want to make sure I'm not being scammed out of money owed.
Thanks