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On November 23 2017 I was made redundant from my position of…

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Second opinion] Hi. On...

Second opinion] Hi. On November 23 2017 I was made redundant from my position of a Project Geologist. I was contract employee, (no ABN, contract re-newed annually), employed full time but on a casual basis from approx. 17/3/2007 to 23/11/2017, more than 10 years of full time service. Upon my termination I received my long service leave entitlement paid in full and 5 weeks pay in lieu of termination notice. However I did not receive any payments for years worked as a full time geologist. And when I enquired to the HR department I was informed I was not entitled to such payment.Is this correct ? Am I entitled to 12 weeks pay or more for the 10+ years I worked ? Kind regards ***** *****: Can you tell me what state this is in? And has this been documented in any way?

NSW. This is my first approach to receiving any advice. Redundancy was not addressed in my employment contracts.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time but as a casual employee. My contract was for a nominal 2 weeks on/1 week off basis. During the two weeks on I worked 10 hour days.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, not really except that I am a slow typist for which I apologise. I am just wondering if I am being "ripped off" or not. Thankyou. The question I am asking is that even though I worked full time for ten + years on contract as a casual am I eligible to receive 12 weeks pay for the years worked ?

Submitted: 5 years ago.Category: Australia Law

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12/3/2017

Solicitor: John Melis, Lawyer replied 5 years ago

John Melis, Lawyer

Category: Australia Law

Satisfied Customers: 36,285

Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

did you make a formal written complaint yet to their dispute resolution department ?

Customer reply replied 5 years ago

Not yet. I was just wondering if I have a legal right and if it is worth pursuing. Full time employment on a casual basis for a period of ten years may be a bit unusual but the mining industry is heading along such paths. Kind regards. Paul.

Solicitor: John Melis, Lawyer replied 5 years ago

do you have a copy of your employment contract you can upload ?

Customer reply replied 5 years ago

Not at the moment. But my employment was on an annual contract, as a full time employee working set hours, 7am-5pm, daily for two weeks, (then one week off), including weekdays, weekends and public holidays, (no loading, I was just paid an hourly rate), I was eligible and received payment for 10 years+ long service leave. I was essentially a permanent employee without the benefits of paid healthcare and other employee entitlements. Regards Paul.

Solicitor: John Melis, Lawyer replied 5 years ago

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

Customer reply replied 5 years ago

Thank you all the same but might decline your kind offer but take up your suggestion of addressing the issue to the companies dispute resolution section as a first pass. Can't help feeling I am being ripped off but need some firm/legal basis for continuing with the issue. Kind regards. Paul.

Solicitor: John Melis, Lawyer replied 5 years ago

I am a solicitor Paul, and will talk through the issues with you, which are important, this is a special offer that I have extended to you and will benefit you and be far cheaper than seeing a lawyer in their office. It is worth considering.

Solicitor: John Melis, Lawyer replied 5 years ago

I message seem to have another user jump.

to clean up your matter quickly for you, I have extended a special offer to talk with you on the phone.

please accept and my numbers will show.

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