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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Phizer to closing production next year (2017) and employees

Customer Question

Phizer to closing production next year (2017) and employees where told 3 half years ago and the dates have been pushed back18 months -2 years now 2017
In this time some people have stay to work after turning 65 will these employees be discriminated in that they will not get the redundancy tax concession?
My husband turn 65 last august and the orginal dates preceded his 65 birthday
Submitted: 9 months ago.
Category: Australia Law
Customer: replied 9 months ago.
If redundances are because of full production closure and moving production overseas and employees are retrench in groups/lots as products move and the machines are dismantled
Expert:  Leon replied 9 months 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.

I am sorry to hear but you cannot force a company to keep a promise about operations if they believe that can continue to trade. If they decide not to close that is there choice and there is not compensation payable.

If they stop your section then you are made redundant until then things stay as they are and your job is still in place.

Have you asked them if they will offer you a voluntary redundancy?

Customer: replied 9 months ago.
The whole production is closings
The question is around what you see on the net. My husband is over 65. The company are making everyone redunant over the closure at different times.
All i see on the net repeatedly is because he will be over 65 they dont get the same tax benefits although he and others are a genuine redundancy
Expert:  Leon replied 9 months ago.

Good Afternoon

It is all very difficult.

EFT are taxed different but it is based on how long you were with the company and when you started.

Not all redundancies have tax free components.

It is usually those over 65 that get the benefits.

Here is some information on how they are treated.

http://www.moneymanagement.com.au/news/financial-planning/value-genuine-redundancy

It is your accountant that can arise you best about what he would get and how it would be taxed.