Redundancy & other stuff

[Ronan20]

I've got my letter of redundancy today. I finish up work at the end of the month. I have 3 months to leave the country, but we'll be gone in about 6 weeks because we could not afford to wait around that long, and the OH wouldn't wait that long. My questions are these:

 

The company have given me in writing, my redundancy notice (I’ll live with that), but in conversation they have said that want to be able to withdraw that notice in the next 3 weeks if a big contract comes up.

If the big contract does come up, and they suspect it will (though obviously they are hedging their bets), and I am offered a place on the new contract, (which they say I will be if they win the contract), and I do not take the position, am I refusing work and therefore “resigning” from my position? Because I think their position will be, “you are resigning therefore we are not making you redundant, so get lost”, or because I have it in writing do they still have to make me redundant.

There is about $40k at stake here.

 

 

Because they relocated my family and I and all our possessions to Australia, if I am made redundant, do they have to relocate all our possessions the other way?

I know that they have to pay our fares back, and I’m sure that they will pay the cheapest options they can find.

 

P.S. I hope this reads O.K., because it makes sense to me

 

Ronan

[Guest The Pom Queen]

Sorry to hear this Ronan, at the end of the day I would say whatever you have in writing would be the go.

[VERYSTORMY]

I think you would be able to enforce the written notice unless there is a clause in it to allow them to withdraw it.

 

As for the relocation back to the UK, it will depend first if there is anything in your contract. If not, then it will be up to them. Which might be hard to enforce if you have to force them to make you redundant.

 

However, I would urge you to spend a couple of hundred dollars on seeking some professional legal advice.

[Phil & Vikki]

So sorry to hear about your current situation and we hope that all gets sorted soon for you.

Do not know for sure, but would of thought that due to the fact that you have it is writing, that is it. Would the other position (if they win the contract) not be classed as other employment and you would have the right to turn that sown if you wanted? Sounds like they do not value that much after the way they have/will treat you.

Not heard of the company having to relocate stuff too, but may be wrong there.

[jacktar]

Tell them you'll wait around if they continue to pay your salary. :-)

 

 

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[Rupert]

Look closely at what you have in writing. In my company people go into "redeployment pool" until the day they are made redundant or "retrenched". And indeed if a suitable and comparable position comes up in the meantime they would have to take it or would be considered as resigning. We are a top 20 company with a big HR and legal team and I am sure they know what they are doing, so what you are saying sounds legitimate to me, but that is without seeing your letter of course.

 

To meet their conditions as a visa sponsor, they only have to relocate you not your possessions. So whether they need to do more would come down to specific contract with you.

[Guest The Ropey HOFF]

There has been about 50 redundancies at my place and they had two weeks to agree to the terms and conditions and then they have to confirm they are taking redundancy, this was voluntary redundancy though. A month later they have told 8 of them they can't have it and some have already got a job to go to and some are setting up self employment using the redundancy money and they are devastated, but it's written in the small print that they can do this if they want. This is in the UK and I don't know if it's the same where you are working, you need to read the terms and conditions of the offer. Best of luck.

[Kinetic]

I've got my letter of redundancy today. I finish up work at the end of the month. I have 3 months to leave the country, but we'll be gone in about 6 weeks because we could not afford to wait around that long, and the OH wouldn't wait that long. My questions are these:

 

The company have given me in writing, my redundancy notice (I’ll live with that), but in conversation they have said that want to be able to withdraw that notice in the next 3 weeks if a big contract comes up.

If the big contract does come up, and they suspect it will (though obviously they are hedging their bets), and I am offered a place on the new contract, (which they say I will be if they win the contract), and I do not take the position, am I refusing work and therefore “resigning” from my position? Because I think their position will be, “you are resigning therefore we are not making you redundant, so get lost”, or because I have it in writing do they still have to make me redundant.

There is about $40k at stake here.

 

 

Because they relocated my family and I and all our possessions to Australia, if I am made redundant, do they have to relocate all our possessions the other way?

I know that they have to pay our fares back, and I’m sure that they will pay the cheapest options they can find.

 

P.S. I hope this reads O.K., because it makes sense to me

 

Ronan

I would echo the comment about getting legal advice. In terms of a 457, you are entitled to be paid your return fares when you make that request - it doesn't have to be redundancy. With respect to possessions, I suspect that will be at your cost unless you have a specific clause that says otherwise.

 

In terms of the redundancy and possible withdrawal due to a contract win, they would be able to do that in the UK and if you then said you didn't want it (assuming it is the same role), you would effectively be resigning, but get advice on the situation in Oz.

 

Whilst it is a horrible situation to be in, if they did do that, wouldn't you want to stay with them, at least for the time being, or have you made your mind up to leave Oz.

 

BTW, Sorry this has happened to you.