I work for a retail company that has just been bought out by another reatil company.
There head office is in another state so we are all losing our jobs apart from a few people who are relocating.
As xmas is the busiest time in retail they need us over the christmas period so they gave us letter 1 (see attached) It states that we are being given extended notice that we will be made redundent on the 28th Feb 2014.
After recieving this letter many of us contacted fair work as we wanted to start looking for work immediatly who informed us that because we had been given a letter notifying their intent to make us redundent that we could leave at anytime and recieve full redundency.
Many people went back to the new company's HR (one women employeed from outside the busness and their own HR person) to question this. They said that we did not get rudendency payout if we left early but that we would more likely give it to us to be nice.
We went back to fair work who said no we where definitly entitled to it.
Things have changed and they are now saying we will definitly not get any redundency if we leave prior to the 28th Febuary 2014 (not even to be nice).
Now toady 2 weeks after the iniatal redundancy letter they have now issued us with this (letter 2 attached) verbally telling us that we all misunderstood the first letter?
Are they allowed to do this? Can they give you a letter 4 1/2 months before they plan to make you redundent saying that at the end of January they are going to give you 4 weeks notice to make you redundent?
The first letter says extended notice of redundency and fair work are still maintaining that the fact we have been a letter stating that we will be made redundent that we can leave and still get paid redundency??
The 2nd letter is dated the18th however was given to us today 01/11/13? Also anytime anyone asks a question by email the HR always come and talk and to them in person so no one ever has anything in writing from them.
We have been told verbally that if we leave prior the 28th it's considered as us resigning.
Please let me know if can't view the letters.
My name is XXXXX XXXXX X am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Both letters confirm that you will not have work on the 28th February and you are redundant.
They have to pay you out and if they do not you can take them to Fair Work and get them to order the payout
The notice period may not need to be paid because they have given you enough time but they have to pay you the redundancy amount.
Does this make sense?
Thank you so much.
So this is not correct then when they say that if we leave prior to the 28th febuary that is considered us resigning and we get no payout?
Also can I leave straight away without having to give any notice as per fair works advice? Since I got the 2nd letter fair work have said that they cannolt comment on the information provided in the letter only tellme that under the clerks award 2010 I can leave without having to give notice and i will still get my redundency?
Everyone at work thinks they screwed up with the 1st letter and are now trying to get out with this second.
I'm amazed at how many people just go along with what the other companies HR people as I do not believe they have no ones but Cotton on interest at play .
Just to confirm one last thing did the notice period come into effect the moment they gave us our 1st letters? this is what fair work told us but now they have issued this 2nd letter today with it stating that the 1st letter was only pre advising us of the redundency and the notice period for making us redundent would not come into effect until the end of january meaning we have no other option to resign giving 4 weeks notice and nol redundency
Okay so as long as I give them the 4 weeks notice as per my contract I can leave and and still get my reduncy? I'm sorry it's just a little confusing as fair work said once the first 4 weeks has passed which is their notice period to us we can leave without having to provide.
Yours answers have been amazing i feel so much better. Is there any particular day's and time you are on just answer so if myself or collegues have any further questions we can pay to have you answer them?
Sorry just 2 last things and I will pay and let you get on with your evening.
Me giving 4 weeks notice is that set in stone? I just ask because I have been to a couple of interviews and they have ask about my notice period and i have said 2 weeks (so that I have enough time to hand my role over to my boss or train a temp if they want one) At least one of the jobs will discount if I have to give 4 weeks and I would hate to lose out on a job but at the same time I don't want them not to have to not pay me my redundency. so if I obly gave 2 can they get out of giving me my redundency?
there is just one other thing I wanted to ask and that was when we got our letters I asked about the leave entitlements to go on interviews which for me is 2 days- 1 day for each year I have worked. They said they would be flexible and it did not have to be in the notice period. I have taken about 1 days worth with my boss being perfectly happy with this. When I got this 2nd letter today they said if I wanted to go interviews I had to use my annual leave and that i could only use my entitled leave in what they claim as the notice period in January but now since I have discovered talking to you that my notice period started when i got my first letter can I use this additional day now?
Thank you so much!
Have a great weekend.
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