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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38515
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We were working as managers of a caravan park which has recently

Resolved Question:

We were working as managers of a caravan park which has recently sold. During the lead up to the sale we were asked through the broker if we would be prepared to stay on for the prospective new owners, we said yes. We were asked what timeframe would we give, we said 1-2 years with a max of 5 years. The new owners came and met us at easter and it was a verbal agreement we would have jobs for 1-2 years. The new owners did not own the park at this stage they were just staying on the park and having a look around before the sale, they then left. They came back 3 weeks later on the Anzac long weekend and on the sunday before they were due to leave on the monday we were informed thay had changed their minds and some people they knew from where the wife was employed had made them an offer and we had lost our jobs, do we have any legal recall?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy

Customer: replied 1 year ago.
Hi Wendy, we are fine waiting for an answer thank you
Margaret
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

When the caravan park was sold, were you terminated by the new owner and reemployed by the new owners?



Customer: replied 1 year ago.
No we were not terminated as such, we continued to work at the park during the change over, the old owners paid our wages for the week of hand over, thr broker, old owners and new owners did not show during this period of time, everything just rolled over, the new owners were to continue our employment. They arranged this through the broker and then confirmed this when they arrived at the Easter break, this was before they owned the park.The changeover date was the 25th april. They then arrived at Anzac break and after showing another couple around the park we were informed they had changed their minds as the other couple had put an offer to them they could not refuse. We do not know what the offer was. they then asked us to stay on until the 17th as the new managers could not start until the 18th of May, we stayed and worked for the timeframe but we really are not happy at the way we have been treated.
Expert:  Leon replied 1 year ago.
Good Morning

It appears that you have been unfairly dismissed.

Because you were terminated on or about the 26 April you had 21 days to bring an action for unfair dismissal against them.

You are out of time but the Fair Work Ombudsman may allow an application out of time but you will have to see a Solicitor urgently.

You must have earner no more than $123,000.00 each to have a right to sue.

Also how long were you employed in total? What did they pay you out?
Customer: replied 1 year ago.
We were employed by the old owners for 8 months and they paid us the correct amount of holiday pay super etc, the new owners have employed us for two weeks and we have been paid a flat rate of $1400 per week each. We have not earned more than $123,000 between us let alone each. We finished work on the 18th of May so is the 21 days from then or from the time they told us we were no longer required, and is it working days or 21 days in total?
Expert:  Leon replied 1 year ago.
Good Morning

So your former employer paid you out all your entitlements when the new owners took over?

To file an application for unfair dismissal you need to be employed for 12 months because there are less than 15 employees.

It may be an application for unlawful termination

Here is some information.

http://www.fairwork.gov.au/termination/unlawful-termination/pages/default.aspx

It is a matter that you have to seek further advise on, but this is your only option.

What state are you in and I can give you details of the law society to get a referral to a Solicitor that practices in employment law.
Customer: replied 1 year ago.
we are in Western Australia
Expert:  Leon replied 1 year ago.
Good Afternoon,

The law Society of WA website is as follows:

http://www.lawsocietywa.asn.au

You need to get a referral from them and speak to the solicitor.

If there is anything else I can assist oyu with please let me know.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.


Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38515
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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