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Ask Patrick H. Your Own Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5367
Experience:  Dip Law LPAB - Sydney based lawyer
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My employer is restructuring and has advertised several

Customer Question

My employer is restructuring and has advertised several positions in new management structure that would replace current positions. Applications are being sought from within the company.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am in Queensland but other positions are in other states.
JA: Has anything been filed or reported?
Customer: Not sure what you mean??
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Australia Law
Customer: replied 5 months ago.
Also, what happens if I don't apply for a position?
Expert:  Patrick H. replied 5 months ago.

Hello and thank you for your question.

Have they told you you are being made redundant, and need to appy for a new position?

Do you have a reason to believe these positions will replace your current position or that your current position will be made redundant?

Patrick

Customer: replied 5 months ago.
Patrick, sorry for not responding. We have not been formally told the positions are redundant but they will certainly replace current management positions.
Expert:  Patrick H. replied 5 months ago.

If you don't apply for a position then your current position simply continues.

If the company subsequently determines to make your position redundant, then the usual rules and process apply to such a redundancy and it makes no difference that previously they advertised new management roles and you did not apply.

It would have made a difference if you had been told your roles would be redudant but these new roles were being offered to you as an alternate. This is because your entitlement to a redundancy package is negated if your employer offers you equivalent alternate employment to replace your existing job. As that hasn't happened your entitlement to a redudancy is unaffected by the new roles.

That the employer appears not to have offered these new roles to persons who are to be made redundant might indicate that they want new management and perhaps are not keen to retain the old, but that is just speculation.

I trust the above assists your understanding.

Good luck and please rate my answer.

Patrick