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Ask Deborah Awyzio Your Own Question
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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I have been made redundant. I have applied role at the same

Customer Question

I have been made redundant. I have applied for another role at the same company. Should I be offered the new role sill I be able to make a choice to accept the redundancy or accept the new role
Thanks
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I have been with the same company for 14 years. I am concerned that i may be offered less pay in the new role. Can my base salary be lower. I am currently paid a salary made up of 85% base and 15% annual bonus. The new role will likely be commission based 60% base and 40% commission/performance based
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 you have been made redundant then they have to pay you the redundancy. It is not that they have offered you to be re-deployed.

There is no guarantee you will get the new job, and because you are applying for it you have to accept the lower pay. But you have to be paid out for the redundancy.
I hope this makes sense?

Customer: replied 1 year ago.
This my understanding of how the company treats this.
My redundancy takes effect on 31 December. If they offer me the job prior then I will not be made redundant and take on the new role - hopefully at at least my same base pay?
If the company is not able to offer me the new role by 31 December I will be made redundant and paid out
If I am offered the role after the 31 December I will have to repay the redundancy monies to take up the new role
I cannot be re-employed for 6 months after leaving and accepting the redundancy.
Thanks Greg
Expert:  Leon replied 1 year ago.

Good Morning

If they are redeploying you that it another issue. The law says that they can do this provided it is reasonable. If it is not reasonable then you do not have to accept it.

Here is some information.

http://workplaceinfo.com.au/termination/redundancy/analysis/redeployment-and-redundancy-what-are-the-issues#.VmNkeGR95cw

If you do not think it is reasonable then you do not accept it. The law says that they can offer you less pay provided it is reasonable.

Customer: replied 1 year ago.
Thanks Leon
Just so we are clear. The company has made me redundant. I have applied for another position. The company can select me for this new role and i can choose not to accept if the terms and conditions are not reasonable.
What happens if they offer me the new role [redeployment] and I choose not to accept
Can the company offer me a new position and withdraw redundancy at a lower base salary.
Expert:  Leon replied 1 year ago.

Good Morning

If they are not redeploying you and you have applied for a job then you have to be paid out.

If they are saying your job does not exist and you can take this job this is a redeployment not redundancy.

If you think it is not reasonable you can refuse it and have to be paid out.

The link I have sent you is very detailed and explains the law.