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Ask RiotACT: unfair dismissal

By Col1234 - 6 October 2016 2

Ask RiotACT

Hi Rioters,

I just wondered if anyone that had ben through this process could offer me any advice. I was made redundant after the company restructured the IT department. They created new duty statements for us all and made us reapply for our jobs using a spill and fill process. It wasn’t a true spill and fill as there were five positions and only four people. Anyway we went through the process and two of us were made redundant. I have submitted a form to fair work but is there anything else I should be doing?

Thanks

Col

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2 Responses to
Ask RiotACT: unfair dismissal
1
clareology 3:51 pm
06 Oct 16
#

Make sure you have a paper trail. Take screenshots of emails, write down any verbal correspondence you have had as soon as it happens so you have a record. If they’ve started advertising for the position you were made redundant for, grab a screenshot of that to prove it was not a legitimate redundancy.

If you have not already, it would be worth sending a letter to your former employer letting them know that you believe your redundancy was not legitimate and citing the relevant page on the fair work website (https://www.fairwork.gov.au/ending-employment/redundancy). They *might* seek to rectify the situation without you having to fight it out.

Good luck!

2
Madam Cholet 3:38 pm
07 Oct 16
#

Having recently been through this from the employer perspective, and having used the ACT Chamber of Commerce (now called something different (maybe Business chamber?), but googling this will find them), I can tell you that the first rule of restructuring as you describe is consultation. If as you described it, the company had identified the need to restructure and with that a need to downsize the number of roles, they should have first consulted. This should have been put in writing. There is no defined duration for consultation, but they need to ensure that everyone was clear on what was being proposed. Everyone should have been offered the opportunity to provide feedback or ask questions – part of consultation. Probably at this stage they should have provided new job descriptions so they were able to be reviewed prior to the re-application period.

It’s only after that has happened that roles can be thrown open for applications. It’s only at this stage you are eligible for redundancy – if you qualify. It’s actually in a company’s best interests to consult as long as possible as that way the redundancy period is shorter. If you get another job during the consultation period you are not entitled to redundancy payments, although I expect many companies would provide what they can within reason for those employees who have left for new jobs.

If it didn’t happen like that, then I would seek advice. Go to fair work Australia – they do not bpnecessarily make a judgement on whether you are right or wrong but will advise your previous employer that you have raised in with them and get their full account of what they said they did. They will then provide you with your options and what you can expect to have to deal with if you do pursue it. If they have clearly dropped the ball I think they’d go into bat for you.

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