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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42360
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Customer Question

Hi Leon
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Good Morning

What is your question?

Customer: replied 4 months ago.
Leon, I have a question regarding worker redundancy payment obligations for US corporations who are operating in Australia, are you able to assist?I have been working internationally for over 20 years with this company and transferred back to Australia 5 years ago, I have recently been made redundant and whilst the company has taken account of my years of service when calculating my Australian redundancy payment they have significantly reduced the total payout by following the Australian Fairwork rules and have not taken into account the US portion that states 1 week per year of service.The calc would end up as 15 weeks for the US portion and 8 weeks for the Australian portion, instead they are proposing 12 weeks total, being the Fairwork Australia calculation for more than 10 years of service.KT
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 4 months ago.

Good Morning

If you are in Australia you are covered by our laws and they are as well.

If they make you redundant they have to pay you the appropriate redundancy. In relation to the working in the US unless you have evidence that they acknowledge that service and it is continued in Australia it is not paid.

They have to acknowledge your service when you moved back.

Unless you have more in your contract you are only entitled to the amount set out by the Fair Work Act.

Customer: replied 4 months ago.
The company has recognised my years of service and have used this to calc my payout based on the OZ rules only, The 15 years of international service was on US contract and covered under Texas law, the redundancy calc is 1 week for each year of service. When I transferred back to OZ with the same company my years of service were recognised when I come onto the OZ payroll.Is it not correct that the company should honor the US contract redundancy terms for the international service (15 weeks) and calculate the OZ redundancy on the 5 year portion (8 weeks)?
Expert:  Leon replied 4 months ago.

Good Afternoon

Does your contract say that?

If not then I am sorry to say that you cannot fight the texas law here. You have to take it to the US.

If your contract says that you will be paid redundancy as per the rules of the texan system then you can fight the agreement here and get the money.

But that is the issue. What does your contract say?

Customer: replied 4 months ago.
I don't believe it mentions the previous international redundancy allowance, will check again!How can I get back to you on this matter?
Expert:  Leon replied 4 months ago.

Just respond to this post

you can email it to me to look at

Customer: replied 4 months ago.
OK Thanks Leon, I will be in contact shortly if I chose to go forward.Cheers.
Expert:  Leon replied 4 months ago.


You are very welcome and 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.



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