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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5771
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am / was an employee of an organisation. I was given a redundancy

Customer Question

I am / was an employee of an organisation.
I was given a redundancy last month the morning of the 15th of March.
I was also told there may be an opportunity in Asia, and I would be given a number for a contact there. I had to chase HR for the number, but once I received I followed up and arranged a meeting for the 18th of April in Jakarta.
I then received an email saying that while i was in a holding pattern they would pay my salary to the 18th.
The interview went well, but an offer is not expected until the beginning of May.
I have now received an email saying I will be paid the balance of April, and I will be assured continuity of employment while being transferred into Asia.
I returned the signed deed of release on the 5th of April after a number of queries and the terms were payment within 7 days.
Thanking you in advance, and happy to receive a call,
Best regards
Marcel (###) ###-####
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
HelloThe deed of release? Does it say that they will pay you whilst in the 'holding pattern'?
Customer: replied 1 year ago.
There was no mention of a holding pattern until the deed payment was due and I notified them of an appointment I had set up.
The term holding pattern was introduced on the 11th, extract of email below:Thanks for sending the signed Deed of Release. Danny has asked me to liaise with Payroll to acknowledge that you are still in a holding pattern until you have completed your interview with Keller Asia. Therefore, he has asked me to make sure you are paid as follows:- Note Redundancy calculation as at 15.3.16 as follows: $67,373.38o Less two week salary received for 15.3.16 to 31.3.16o Less salary payment for period from 1.4.16 to 18.4.16 (interview date) inclusive.- Monthly salary payments will be deposited into bank accounts this Friday 15.3.16- Depending on the outcome of the interview, the balance of the redundancy may be paid at that time.
Expert:  Daniel replied 1 year ago.
HelloWell it appears that they would pay till the interview, not thereafter?
Customer: replied 1 year ago.
Yesterdays email now says the following:I called, but I got a message that sounded like you are still overseas.I confirm that we will definitely be paying your salary up to the end of April 2016, and we will ensure you have continuity of employment and payment of salary while moving into Keller Asia.Regarding a strategy for moving to Keller Asia, Danny did look into this prior to the redundancy, hence your connection with Mr Yee. It was communicated that you would be available for discussions from 16 March. Unfortunately, we are unable to control how quickly Mr Yee could organise an interview.We have had confirmation from Mr Yee that your interview went very well, the role is quite promising and he would know more late next week.
Expert:  Daniel replied 1 year ago.
HelloWell, the issue here is, that they may try and rely upon the deed of release to not pay, however if you are recieving such emails, it categorically says you will be paid till end of April as well as when employment moves to Keller Asia.Accordingly, they need to pay you, as the deed of release cannot really be enforced when:1. They are still paying youand2. They have said they are still paying you. Please click accept and rate my service. I am able to answer further questions after accepting also.
Customer: replied 1 year ago.
What clause in the deed would allow this.
The covering letter is clear on redundancy in Australia, and the deed is specific to the redundancy letter.
To me the deed is binding - how do I get this checked?
It is clearly in my interest to be let go from Australia and sign a new contract in Asia, a transfer does not leave me with many options.
The issue to me is if this holding pattern / being paid while at home was an option, issue a redundancy letter and deed, and on receipt of the deed, change strategy to obviously save themselves the lump sum redundancy package?
What "type" of clause do I need to check for in the deed?
Thanks
Expert:  Daniel replied 1 year ago.
HelloI accept the deed to be binding, however them still paying and the like continues their obligation to pay regardless.I would have assumed the deed would have had simply just you being paid the redundancy figure.
Expert:  Daniel replied 1 year ago.
HelloI have not heard a response from you?I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.​I look forward to hearing from you.
Customer: replied 1 year ago.
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Expert:  Daniel replied 1 year ago.
I wait to hear from you
Expert:  Daniel replied 1 year ago.
HelloI have not heard a response from you?I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.​I look forward to hearing from you.