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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42636
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Ive worked large telco since 19.11.2007 on an Individual

Customer Question

Ive worked for a large telco since 19.11.2007 on an Individual contract in a middle management role with a current salary of $138k plus bonus $18,900.
I had a work place car accident in Sept 2012 and in October 2013, after months of struggling, I went on extended leave for treatment and rehabilitation of both physical and mental issues resulting from the accident. I returned to work in March 2014 on a return to work program and in February 2015 our HR closed the file, despite concerns I raised. During the return to work period I made repeated and increasingly frustrated requests, via email and telephone for work, most of which were unanswered or I was advised there was no role. For the duration of my return to work I mostly completed online courses and asked colleagues if I could assist them on various projects. I had a 6 week temporary backfill two levels below my old role. My old position came available at this time and I was advised I could not be considered as the role was so different to when I undertook it.
About 6 weeks ago I was advised there was no longer a job for me and they would offer me a Mutual Separation Agreement; HR had advised I was not eligible for a redundancy as I had not had a role for the return to work period.
I am a 53 year old woman with good qualifications and solid work history, now looking at the possibility of a far lower level job, if I can get one.
My question is what is a fair amount to expect to be paid in these circumstances, especially as this type of agreement may not have the tax benefits of a redundancy, my age and ongoing employment opportunities?
I have 108 days of annual leave. I am currently on sick leave until Friday 17 July.
Appreciate any advice you could provide.
Ive been to Fair Work who have advised they cannot assist and I am waiting on a call back from my union representative.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Have you been working all the time with the company?
Customer: replied 1 year ago.

yes

Customer: replied 1 year ago.

Hi Leon, let me know if you require any further information. Regards Jane

Expert:  Leon replied 1 year ago.
Good EveningIf you have ben working for them all along then they owe you redundancy. The law has strict guidelines on who is entitled. The following link will assist you. Between 7 and 8 years service you get 13 weeks redundancy and also 5 weeks notice period. Here is the link for your attention. http://www.fairwork.gov.au/ending-employment/redundancy/redundancy-pay-and-entitlements#2045-2047You are also entitled to unpaid and accrued annual leave and Long Service Leave. This is all based on the fact you have continuous service with them and they have more than 15 employeesI 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. RegardsLeon
Expert:  Leon replied 1 year ago.
Good Morning,
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