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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42645
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been forced to resign from my employment due to

Customer Question

I have been forced to resign from my employment due to organisational restructure. My position has been made redundant. There are other employees who share my job.
Am I entitled to receive redundancy payment?
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months 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.

A redundancy is when your job no longer exists. This is a termination and possibly unfair dismissal.

Had they ever mentioned to you that they were not happy with your work? If not then what they have done is wrong. They have to give you a warning and work with you to rectify the situation.

Putting you in a position where you feel there is no alternative to resign is constructive dismissal.

Here is some information

http://workplaceinfo.com.au/resources/employment-topics-a-z/constructive-dismissal

You can sue them fro unfair dismissal and you have 21 days from the date all that happened to file with Fair Work.

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