On the 12th March 2012, I applied for the position of Senior Human Resources Advisor I had my first interview with the General Manager, on the 29th March 2012. On the 12th April 2012, I attended a second interview with the General Manager and the WA Human Resources Manger . I also had a third interview by phone, late in the morning of the 12 April 2012 with Operations Manager. Late in the afternoon of 12th April 2012, the General Manager rang me to advise that the company were very serious about my application and would like to move forward by contacting my referees. I advised him, that I too was very interested in the role and to please contact my referees. These reference checks were conducted. At approximately 5.30pm on the 12th April 2012, the General manager rang me to make an offer of employment. We agreed on a base salary, superannuation with a start date of 7th May 2012, with a special mention that I required the 15th May 2012 off due to a prior arrangement. All of the above was confirmed by both parties. The General manager advised me that a member of the HR team would ring me in the morning and make the necessary arrangements to have my letter of offer ordered from Melbourne and sent over ASAP. At the time I advised the General manager that I had received another written offer, but it was my preference to work for them. A mermber of the HR Team rang me mid morning of the 13th April 2012 to confirm if I would be happy to receive the offer via email and this would be available by Monday On Tuesday 17th April 2012, I rang the HR person to advise that I had not received the written offer. She advised that she was not sure what the hold up was and that she was unable to help me until General Manager returned, she thought it had something to do with the FAR. She advised me that General Manager was not due back until Friday 20th April 2012. I explained that I really needed this issued sorted ASAP as I only had one day left to accept/decline another written offer. On the 18 April 2012 at 11.30am, I received a text message via Telstar message bank from the General Manager advising “just hoping to talk to you about the delay in getting your contract finalised. Thank you.” Having received this and believing that the original verbal offer was a genuine one, I declined the written offer on the other position. On 18th April 2012 at 3.30pm, I received another text via Telstra message bank from the General manager to advise “I am actively seeking issue of contract from Melbourne. Unfortunately I cannot confirm when this will be achieved. I know you will be frustrated with our delay and I am embarrassed that I can not give a firm answer. I would understand but with regret, if you need to take the other offer, however I will continue to pursue contract. Regards XXXXX XXXXX” On the evening of Monday 23rd April 2012, I sent the General Managers PA an email asking for him to contact me urgently as I still had not received my written offer. At approximately midday on Tuesday 24th April 2012, the General Manager rang me from interstate to advise that the company was in the process of a take over. That the Company had done an exercise in diligence, and the General Manager had been advised that no senior management roles would be filled until the new financial year. My role was no longer available in WA. He advised he was embarrassed and deeply disappointed. Needless to say I was speechless. I have, in good faith, taken the word of the WA General Manager, including his two text messages that I had a genuine job offer. That I have declined a written offer of employment from another company, this can be proven if necessary. That I had advised all agencies that I had been registered with that I was no longer on the market for any positions that may have arisen. I find that the actions of the company are unethical and immoral. A reasonable person would expect to honour the word of their agent or offer some form of compensation. This company have caused me emotional stress and moving forward will put my Family into financial hardship as I will have no income, until such time as I am able to secure a new position.
State/Territory: Western Australia
I wrote to the CEO of the Company in Melbourne seeking some sort of compensation, suggested my probration period of three months.
Reply was they had no contractual employment relationship between them and myself, there is no basis upon which I am entitled to a payment equivalent of same.
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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