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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42673
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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After 40.5 years of service to local government on a Monday

Customer Question

After 40.5 years of service to local government on a Monday morning last year I was told that my position was made redundant and I would finish on Friday of the same week. After 40.5 years of service I received 12 severance pay and 26 weeks of notice. In actioning the restructure the council also breached the Local Government Act. I am 58 years old and was six month into a four years contract which was going to be my last contract. I would like to know if I could go back and challenge my payout.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
The maximum you can receive under the New Employment Standards is 12 weeks redundancy plus 5 weeks notice if you are over 45 years of age.
In addition you are entitled to Long Service Leave
Here is the link for the redundancy
http://www.fairwork.gov.au/ending-employment/redundancy/redundancy-pay-and-entitlements#2045-2047
I am nit sure what your Award says burt if it has better conditions than the standard you can get more.
If there is a union you work under I suggest you contact them and they will advise you of what your entitlements are.
I know that some Local Government Employees were also able to cash in their sick leave, but that is all dependent on the award/agreement you work under.
If you do not have a copy ask the HR department. They cannot refuse the request.
Just ask the union what the award says about Redundancy and what section as well as sick leave payouts on redundancy.
If they tell you that the award is silent then you are stuck with the standard.
I am not sure where they get the 26 week notice though.
For 40 years service your Long service leave should be about 34 weeks
Here is the link for LSL in QLD
https://www.business.qld.gov.au/business/employing/employee-rights-awards-entitlements/long-service-leave/entitlements-continuous-service
You should make the enquiries and sign nothing until this is all cleared up.
So based on what you have said you should be receiving a total of 72.67 weeks pay. that is 12 week Redundancy 26 weeks notice plus the Long Service Leave.
This is all assuming that you have not taken any LSL
Also any annual leave you have accrued and has not been taken is also to be paid.
But get the award/agreement and look at it and also ask the union about the sick leave and if the award has better conditions for redundancy.
I hope this makes sense and is of assistance.
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon