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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38293
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I was employed by an RTO full time on Aug 22nd 2011. Feb

Resolved Question:

Hi, I was employed by an RTO full time on Aug 22nd 2011. Feb 18th I became ill, hospitalised for 7 days and further 5 weeks off. I returned to work part time on doctors instructions for 3 days a week, 6 hour days and lasted only 4 weeks and have been off work full time since. Today I received a registered letter advising that "following and operational review ... they do not need the number of L & D consultants and the position held by me is now redundant" They have paid an 2 weeks salary in lieu of notice, 4 weeks redundancy pay and accrued entitlements to the date of termination (which was 23/7/13). My contract states that I must give 4 weeks notice. I am also 57 years old. Is their calculation correct? I would have thought it should be 4 weeks in lieu of notice?
Many thanks in advance for you help. Kind Regards, Ann
Submitted: 1 year ago.
Category: Australia Law
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.

Does your contract say how much notice they have to give you or is it 4 weeks by each party?

Customer: replied 1 year ago.


Hi, The contract is in a file at work, I will be picking it up tomorrow. I am trying to locate a copy on line at the moment. It is definitely 4 weeks for me but will get back to you when I can answer that one ... sorry! Ann


 

Expert:  Leon replied 1 year ago.
Good Evening

Let me know tomorrow and I can then tell you what they need to do.


Customer: replied 1 year ago.

Many thanks, XXXXX XXXXX tomorrow. Cheers, Ann


 

Expert:  Leon replied 1 year ago.
Good Evening

Have a good night and hear from you tomorrow.
Customer: replied 1 year ago.


Hi, I hope your day has been good for you.


 


I have been to the office today to return keys etc as requested and collected my things including my employment contract.


 


Employment Contract states that "employment in this position is bound by the Education Services (Post Secondary Education) Award 2010, the Fair Work Act 2009 (Cth) and all company policies and procedures." Classification of Teacher level 12.


 


I asked my manager if I could have a copy of the company policy for redundancy and she stated that it was as per the award for teachers. She also said that they (the company) were very good and based the redundancy on Full Time not Part Time. (As previously stated, I went back 18 hours a week for 4 weeks, reduced hours on doctors instructions to try and ease back but was unable to continue at all after that time). As I had not ever signed a contract or agreement for PT could that be the case??


 


I have looked at the teachers award and it refers back to NES which doesn't mention period of notice required to be given by employer so I still need to know if the 2 weeks pay in lieu of notice is correct or should it be 4 as per notice I am required to give.


 


So There are 3 questions from this:


1. Is the 2 weeks pay in lieu of notice is correct or should it be 4 as per notice I am required to give?


2. Would they be able to base the payment on the PT pay?


3. Also, am I allowed to work in that notice period?


 


Many thanks in anticipation,


 


Kind regards, Ann

Expert:  Leon replied 1 year ago.
Good Evening

The following link provides you with details of the redundancy you are entitled to.

http://www.fairwork.gov.au/termination/redundancy/pages/how-much-redundancy-pay.aspx

The ned one is the notice periods.

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

Bering over 45 you are entitled to one extra week than the normal ones listed.

I hope this is of assistance.
Customer: replied 1 year ago.

Many thanks for your response, that clears that up and all appears to be correct and as I am 1 month short of 2 years employment I'm not eligible for the extra week for being over 45.


Are you able to answer the last question? Am I able to work for another employer within the 2 week notice period?


 


Kind regards, Ann

Expert:  Leon replied 1 year ago.
Good Morning

If they have told you to leave and paid out the leave, and you are not put on garden leave, then you can work for someone else.

Is there anything else I can assist you with?
Customer: replied 1 year ago.


There was no mention of it nor garden leave, I just wanted to make sure.


Many thanks for your help.


Kind regards, Ann

Expert:  Leon replied 1 year ago.
Good Afternoon

Then the answer is you can work elsewhere.

You are very welcome and thank you for using my services.

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38293
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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