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NSW Transfer of Employment - Qualified for Redundancy under Employment Law?

Discussion in 'Employment Law Forum' started by Corinne, 2 January 2016.

  1. Corinne

    Corinne Well-Known Member

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    Hey guys,

    I'm in a pickle, any help would be greatly appreciated!

    I worked for a pathology company for 4.5 years. On the 11th of December we were told the company has been sold and would cease operating on the 24th of December (two weeks notice). Some of us were made redundant, some of us were transferred to the new employer.

    Firstly, having worked there for over 4 years, I was entitled to 3 weeks notice. My old employer refused to pay the extra week in lieu.

    Secondly, the new employer agreed to recognise service and annual leave with my old employer but I transferred to the new employer on an hourly rate that is $1.20 less than the old employer and they now want me to work in a location that's 66 kms away from where I live and 72 kms from where I used to work.

    Do these factors mean I should have qualified for a redundancy from my old employer?

    I've been trying to deal with fair work Australia and sent off forms requesting assistance for a workplace dispute but they're on holidays at the moment and my old employer doesn't exist anymore so it's becoming more and more difficult to supply contact numbers etc.

    Is anyone able to shed some light on Employment Law?

    Thank you.
     
  2. JS79

    JS79 Well-Known Member

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    When transferring they should pay you the same amount that you were being paid before (I am assuming you had a contract) - did you have to sign a new contract?
    Some employment lawyers will be open tomorrow morning - it wouldn't hurt to give them a call and see what you can do next.
    See
    Get Connected with the Right Lawyer for You to be connected to a local employment lawyer.
     
  3. Corinne

    Corinne Well-Known Member

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    Hey, thanks for your response. I've spoken to fair work and they said the pay is allowed to vary depending on other incentives such as paid overtime etc.

    But both the previous and new contracts are basically the same, just with the new one they're paying me less. Then off the record, after I signed, they then told me the new job is located an hour away from where I live.

    The new company has a reputation of treating their employees like crap and paying fines instead of rectifying the issues.

    Thank you for the link I filled it out. I k ow they've deliberately done this when everyone we need to help us is on holidays.

    Cheers
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

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    That's not correct. Only transferable instruments are transferred from old to a new employer. A private contract will not transfer from old to a new employer, so it may very well be the case that your new hourly rate is less provided than your paid your minimum statutory entitlement pursuant to the applicable award.

    As far as the transfer is concerned, had you turned down the opportunity then you would have received your redundancy entitlement, but considering you've accepted the position it will be a difficult argument to make now.

    I'd be more focused on the place of work if your contract of employment specified a place of work and you accepted the transfer on the basis of that place of work and then were moved, you would have a breach of contract claim which could be used to negotiate an "exit out" strategy.
     
  5. Corinne

    Corinne Well-Known Member

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    Thanks, Serge. Yeah, the pay is as per award so, it's all above board in that regard just unlucky on my part.

    Other employees are about to go to the small claims court with regard to our notice in lieu not being paid. I'm not that enthusiastic as I'm only owed one week so can't really justify court costs for that. And fair work has given me a different answer as to what we're entitled.

    Now I'm just focusing on getting extra qualifications and a new job, 'cause the one I was transferred to sucks lol.

    Have a great weekend!
     

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