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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43918
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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On the 18th December 2015, during her review, a marketing

Customer Question

On the 18th December 2015, during her review, a marketing coordinator is told she is being promoted to become the marketing director's second in charge and to expect a significant pay rise upon her return after the Christmas holidays. Christmas holidays begin on the 19th of December 2015 and ends on the 11th of January 2016. She is recovering from the flu but still goes to work. Her boss is still away but a superior sees how sick she is and suggests she goes home. She goes home in the afternoon after completing her tasks. The following day she is still sick and arranges an appointment with her regular doctor for the following day. The doctor tells her she has a chest infection, prescribes antibiotics, provides her with a medical certificate for the week and sends her to bed.
On Tuesday 19th January 2016, she returns to work. That morning, her boss (the marketing director) takes her to a nearby cafe and informs her that her job has been made redundant and goes on to explain that her accumulated sick leave is too high and that she is lucky she was not made redundant sooner. It should be noted that she suffers from PTSD which she had informed her boss of before he had agreed to hire her in August 2015, after she had been an unpaid intern at the firm since April 2015. He has only warned her once that the accrued absenteeism was becoming an issue. She took this on board and worked very hard and made sure she was present at work everyday after that. Despite her improvement, he says he'd stuck his neck out for her for as long as he could but that pressure from above forced his hand. He says he is also changing job in the company restructuring and that he will be hiring a replacement for his current position. He implies she is not considered for this role.
In her shock, she forgets to ask about what the redundancy meant. In the afternoon after the meeting, she asks how long she has. Her boss tells her that is up to her but that they'd give her one week to go to interviews. He avoids answering the question. He tells her she can apply for another job internally if she chooses but that the marketing department is being dissolved.
Something doesn't add up and she doesn't know what to do. Help!
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. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If she is terminated because she was sick it is unfair dismissal. If it is a genuine redundancy then they have to pay her out based on the current level of income.

If her job is going to be done by another person then it is a termination and it is unfair.

Here is some information about redudndany

https://www.fairwork.gov.au/ending-employment/redundancy

She should get her information together and if it is not a genuine redundancy she has 21 days to make her application for unfair dismissal.

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