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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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Is a verbal agreement binding when your employer advises they

Customer Question

Is a verbal agreement binding when your employer advises they will pay you a redundancy and then withdraws then approves then withdraws then approves and then puts on hold
ARe there any other avenues I can explore in regards ***** ***** this indecision is effecting me
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy 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 advice but a guide to assist you.It is an agreement and you can try and enforce it but it is your work against his. All I can suggest, is that you get something in writing from them if they offer it again. If you have applied for another position elsewhere because of their offer then you may have a case but it is your word against theirs and you have to show loss. I hope this makes sense and is of assistance.
Customer: replied 1 year ago.
HI Leon
I have a couple of emails that could support that I was expecting to get a redundancy especially my replies are very specific but they have made most of their conversations over the phone. Yes I do have another position to go to and this has been deferred once due to them mucking me around. They are proposing a restructure from a 3 region to a statewide region and my position will no longer be required. They have commenced the restructure in my department already and have paid out one redundancy and the supervisor is leaving on Friday on a redundancy and they have appointed the tema leader to the role to commence on the same date as the supervisor leaves. My argument is that they have already commenced the restructure so I should be allowed to go as well. There are 2 other Revenue Managers in the state that could assist with the appointment of the new Revenue Manager which is only going to be a fixed term appointment for 6 months so there is no guarantee if I was to stay . I have been told yes then no yes then no yes now on hold the emotional aspect of this has caused me a lot of grief. I did try and send you some files but keep getting the message about the format and they were pdf and doc
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
My mobile number is(###) ###-####
Expert:  Leon replied 1 year ago.
Good MorningI cannot call you I am sorry to say. Do you have anything addressed to you personally that says your position is being made redundant and you will be made an offer?What you have provided is a general document to all employees.
Customer: replied 1 year ago.
NO nothing in writing but the restructure is to remove the band 6 positions and replace with a statewide band 8 position and put in a team leader on a band 5 at each of the hospitals. The band 5 team leader will be commencing here on the 6th May
Surely a verbal agreement would stand up in a court of law as they would be under an oath wouldn't they
Expert:  Leon replied 1 year ago.
Good MorningYou have to show that it was an agreement and not simply a discussion. It will be your word against theirs. If you have acted on this and their taking back negative,y impacts on you this is all relevant.
Customer: replied 1 year ago.
What about my emails responding to the discussion I had with them. So if an organisation decides to restructure and your position will no longer exist do you have to stay until they see fit to pay you a redundancy seems unfair that you cannot get on with moving on but held to ransom until they approve your redundancy but in the meantime they put in place steps that are part of the restructure. They are saying when the Band 8 position is advertised they may consider it then but that paperwork indicated that it is initially an expression of interest which is for a set period so this means you have no permanency and if you read the last paragraph on page 5 there is no assurance about the redundancy if you did stay but as they have already said yes on several occasions and now put it on hold it infers to me they are hoping I will leave without any sort of payout
Expert:  Leon replied 1 year ago.
Good AfternoonAnything you can get that shows that there is an agreement between you will assist. If they are offering you a position that you have to apply for then this is not fair as there is no guarantee. If you are applying for positions this will assist you because you are showing that you are not getting them because of their actions. When you say yes do you have anything confirmed in writing?
Customer: replied 1 year ago.
Yes if I want to stay I have to apply for the band 8 as the band 6 will no longer exist . I have my emails where I made enquiries in regards ***** ***** telephone conversation surely that must prove I have had some discussion. I will print them off and try and send them to you
Expert:  Leon replied 1 year ago.
Good AfternoonYou dont have to send them to me. Having discussions and an offer of redundancy for your to accept and move on are two very different things. So you have to show that there was an offer of the redundancy in the emails. If you cannot do that and you have to rely on conversations where they offered it to you, it is your word against theirs.This is the key. All of the emails can be used to show that they are restructuring but the offer to pay you out because your position will no longer exist id it is not clear in the emails, then it is who the court believes. You or them.
Customer: replied 1 year ago.
Emails attached
Expert:  Leon replied 1 year ago.
They are more than discussions. It appears that they have worked it out. You should be seeking to see your file from HR and to do this, if they refuse you access take it to Fair Work Australia