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Union Shopper

The company is "downsizing" and have stated that my position is no longer required. Instead of a redundancy package they are offering alternative employment. The company is now owned by a larger parent and the alternative is with another part of the larger company, in a different kind of job with different skills and lower levels of pay. They say I have to take the alternative and can't get a redundancy payout. Is this correct?

Ross

Firstly the Employment Protection Act sets out minimum conditions for redundancy payments in NSW. The rates it specifies are at http://www.labor.net.au/askneale/redundancy/8.html

Most awards and agreements exceed these minimums.

Alternative employment: They are correct to a certain extent on the alternative employment but the NSW Industrial Relations Commission considers whether the alternative employment offered is suitable or not. The Commssion would not necessarily find that the offer by the company is suitable, especially as it is with a different employer. Same owner but different company setup it would seem. Diiferent kind of job as well. So I think you are probably correct in that they can't deny you the redundancy.

Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.