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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 210
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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My employer, son of the chairman, has restructured the

Customer Question

My employer, son of the chairman, has restructured the business. I have been the National Sales Manager since 2004. He intends to appoint a unspecified business manager, whom I have to report to and hence will have little or no management or business planning into the future of the company. At 60 years of age I consider I have been responsible for most of the development / growth of the business and find the plans to be damaging and very distressing. The existing and recently staff are also very upset. Have I any position in regard my loss of work future as I intended to work for quite a few years and the changes have made this very this very tenuous. My major issue is the lack of consultation with myself or other long term managers. I am very worried about my future and believe my position is very unfairly threatened.
Glyn Taylor.
Submitted: 11 months ago.
Category: Australia Law
Expert:  kmslaw replied 11 months ago.

Hello my name is***** am a solicitor in NSW who will assist with your inquiry today.

You may have a claim for unfair dismissal depending on whether they force you out of the organisation or not. If you are forced to resign, this can still be an unfair dismissal. If this occurs, or if you are dismissed without having to resign, be sure to lodge an application for unfair dismissal with Fair Work Australia within 21 days of the date of resigning/dismissal. Or seek legal advice if you are not sure what the exact date is, but seek that advice early.

In relation to loss of work future, you need to examine your written contract to see whether it was a contract for ongoing employment or whether it was for a specified term. If you have an employment contract for a specified term, then it may be you can seek damages for breach of contract if you are terminated early or if what has occurred amounts to effectively a breach of contract by the employer and the offer of a new contract. It will be a breach of your contract if the contract specifies what your role is in detail and now your role is completely different.

If the contract is ongoing, and the business is restructured and no one is doing the job you were doing previously (which you can support by a role description in a written contract) then you perhaps should be approaching the employer to ask for a voluntary redundancy on the basis that no one is doing that role as a result. This could be what they are trying to force you to do.

I hope that has helped you somewhat. Let me know if you need further help. And please rate my answer if you are finished with this topic.

Expert:  kmslaw replied 11 months ago.

Hello. Was that all you needed help with?

Can you please rate my answer? Thank you.