eddiep Posted May 4, 2017 Share Posted May 4, 2017 I have an interesting but stressful situation that I am hoping someone can assist with: I'm in a management role in a large US corporate in Melbourne on a 457 VISA. On 1st March I was verbally told that my role was being made redundant, and that was confirmed several times verbally over the next few weeks. It was unambiguous. It was definite. Whilst these were definitive conversations the employer never followed the up with any paperwork. This suited me as I was essentially sat on full pay for a longer period awaiting papers, and I am no rush to return to the UK. I did however follow a number of the conversations up in writing confirming my understanding that my role was being made redundant. I did nit receive replies formally. Equally there were no comms from the business to say that I had got the wrong end of the stick etc. On the basis of those discussions, I made plans with my wife to return to the UK. I have kids there, so this is was quite a big deal and quite a commitment. My employer yesterday has now said that they want me to stay, but I am in an impossible situation as I cannot renege on the promises made to family. I wrote to the business to say that this was now impossible though no fault of my own. I suspect that this is some sort of plot for the business to force me to resign, but I feel full entitled to redundancy as as far as I was concerned, they had already made that promise. Anyone got any advice out there? For avoidance of doubt, the desired and only outcome that is acceptable is to return to the UK. Link to comment Share on other sites More sharing options...
Parley Posted May 4, 2017 Share Posted May 4, 2017 Something similar happened at my old work. I think you could seek legal advice and a legal letter may prompt them to give you the redundancy if you have made plans on the basis of their verbal advice to you. No guarantees though. Link to comment Share on other sites More sharing options...
Collie Posted May 5, 2017 Share Posted May 5, 2017 Is the redundancy amount material? Yes - i agree about finding out your legal position. I suspect that you it may not be what you want to hear though given that there was no formal paperwork. Write up a quick history of events, conversations, emails (take copies now btw) etc. It will be useful for the lawyer. Also something to bear in mind is that you may need this emloyer for a reference etc in the future. If you can, it is always best to part on good terms. So it will be a matter of waying up, your legal position, how much is involved, a need to part on good terms, the emotional stress of a fight (don't underestimate this). eg -If it is a matter of $5-$10k you may be better off to just swallow it. If it is a lot more than that, it may be worth a fight. Link to comment Share on other sites More sharing options...
eddiep Posted May 5, 2017 Author Share Posted May 5, 2017 Yeah - It's very material amount. With tax benefits of redundancy the difference is multiple 10's of thousands, so worth fighting for. This feels like behaviour that is morally abject. If it was only 5-10k, I would accept it as they have been paying me full pay since March and I have not exactly been busy, but given the value and the principle, I want to get what I now feel is an entitlement. At the end of the day, I am now going back to the UK earlier than I expected and cannot easily job hunt from here, so every dollar counts. Link to comment Share on other sites More sharing options...
blossom Posted May 5, 2017 Share Posted May 5, 2017 How much longer do you think you'd have to stay for them to get fed up of you and decide to actually make you redundant? Link to comment Share on other sites More sharing options...
newjez Posted May 5, 2017 Share Posted May 5, 2017 On 5/4/2017 at 6:24 AM, eddiep said: I have an interesting but stressful situation that I am hoping someone can assist with: I'm in a management role in a large US corporate in Melbourne on a 457 VISA. On 1st March I was verbally told that my role was being made redundant, and that was confirmed several times verbally over the next few weeks. It was unambiguous. It was definite. Whilst these were definitive conversations the employer never followed the up with any paperwork. This suited me as I was essentially sat on full pay for a longer period awaiting papers, and I am no rush to return to the UK. I did however follow a number of the conversations up in writing confirming my understanding that my role was being made redundant. I did nit receive replies formally. Equally there were no comms from the business to say that I had got the wrong end of the stick etc. On the basis of those discussions, I made plans with my wife to return to the UK. I have kids there, so this is was quite a big deal and quite a commitment. My employer yesterday has now said that they want me to stay, but I am in an impossible situation as I cannot renege on the promises made to family. I wrote to the business to say that this was now impossible though no fault of my own. I suspect that this is some sort of plot for the business to force me to resign, but I feel full entitled to redundancy as as far as I was concerned, they had already made that promise. Anyone got any advice out there? For avoidance of doubt, the desired and only outcome that is acceptable is to return to the UK. if they know you want to leave there is less incentive for them to let you go. When they offered redundancy at my work, I had a mate that took his boss to one side and said if he didn't get it, he would devote the rest of his career to making his life a living hell. bit of a gamble. Legally if it was all verbal I wouldn't fancy your chances. Link to comment Share on other sites More sharing options...
Collie Posted May 5, 2017 Share Posted May 5, 2017 12 hours ago, eddiep said: Yeah - It's very material amount. With tax benefits of redundancy the difference is multiple 10's of thousands, so worth fighting for. This feels like behaviour that is morally abject. If it was only 5-10k, I would accept it as they have been paying me full pay since March and I have not exactly been busy, but given the value and the principle, I want to get what I now feel is an entitlement. At the end of the day, I am now going back to the UK earlier than I expected and cannot easily job hunt from here, so every dollar counts. Ok, say no more at work for now. Go see an employment lawyer, it could be worth a few hundred $ to find out your options. You may have a case for constructive dismissal if they informed you of a redundancy and the nature of your role has changed significantly since then (not being given appropriate or sufficient meaningful work to do). Link to comment Share on other sites More sharing options...
eddiep Posted May 6, 2017 Author Share Posted May 6, 2017 Thanks for all the great feedback. its a great community on this site. Always helpful. Made an appointment to see a lawyer, to review options. Thanks. Link to comment Share on other sites More sharing options...
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