Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
12/3/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 7 months ago

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

Ask Your Own Australia Law Question
Customer reply replied 7 months 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 7 months ago

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

Ask Your Own Australia Law Question
Customer reply replied 7 months 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 7 months ago

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

Ask Your Own Australia Law Question
Customer reply replied 7 months 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 7 months 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.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 7 months 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.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,326 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My brother had a permanent job (at age 63) in the racing
My brother had a permanent job (at age 63) in the racing industry cleaning stables. He worked for 7 years as a casual in Perth for "Aquanita racing Victoria" … read more
John Melis
John Melis
Lawyer
3,326 satisfied customers
I am being made redundant. I have worked for the company for
I am being made redundant. I have worked for the company for 10 years this October 2018. I would like to know how many weeks I'm entitled to and also long service leave I'm entitled to. My position is… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
On November 23 2017 I was made redundant from my position of
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 appro… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have been employed on a casual basis at a bookkeeping
Hello, I have been employed on a casual basis at a bookkeeping agency for 8 years. I have come back after being away on workcover and my job is no longer available, as the owner lost a client, so he i… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Iwould like advice on termination. Iwoork for a university
Hi, Iwould like advice on termination. Iwoork for a university in melbourne. Based on the following, I elve I am classes as a perm mployee and should have been given a termination letter with notice o… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
I am Employed in a iron ore mine site in the Pilbara.
Hello I am Employed in a iron ore mine site in the Pilbara. The company I work for is Gold Security group. and we are contracted to FMG Iron ore company in the Pilbara. due to price drop our job is be… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I have worked as a merchandiser for the one company for 10yrs
I have worked as a merchandiser for the one company for 10yrs as of April this year.I have been employed the whole time as a casual with regular weekly hours. The company known as CCS has been under t… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I have beeen employed for 4.5 years, in the disability sector,
I have beeen employed for 4.5 years, in the disability sector, working 20 hours pw, casual. These hours and work description have remained constant. If I am made redundant am I entitled to a redundanc… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
We are a business facing severe downturn and have to either
We are a business facing severe downturn and have to either terminate employment for a lot of employees or offer them reduced hours on the basis of part-time or casual. My question is -how do or can w… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
I have been working for Savcor for 3 and half years as an adminstrator.
I have been working for Savcor for 3 and half years as an adminstrator. In the last 12 mths they sent me to do site administration on a local project on site. Whilst on site they shut our local yard/ … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I am just wondering where I stand in the legal system about
I am just wondering where I stand in the legal system about my leave entitlements. My situation is i have been employed by the DHHS for 8 years; my permanency was in a lower level for approx. 3 years … read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
I am restructuring my company to workforce to increase efficiency.
I am restructuring my company to workforce to increase efficiency. Do I need to pay a permanent employee (36 hours per week) redundency pay? I have 1 full time employee and 17 casual staff. (10 of the… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I am currently employed on a casual basis as an administrator
I am currently employed on a "casual" basis as an administrator in an Engineering Business. I took an alternate offer of employment to the owners, detailing the offer as $50,000pa, full-time,annual re… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I have been made redundant. I have worked for the company
I have been made redundant. I have worked for the company since July 2008 and they have given me 6 weeks redundancy. I believe because of my age, being 60, I am entitled to further payment.… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have been a casual employee for 5 1/2 years working approx
I have been a casual employee for 5 1/2 years working approx 28 hours per week am I entitled to anything if my position ceases to exist and i am asked to leave?… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Hi, i am a casual employee thru a job agency. i have been working
Hi, i am a casual employee thru a job agency. i have been working at the same company for 12 months. Last November i left this job. Three weeks ago they rang me and wanted me to come back and i did. D… read more
cmcd
cmcd
LLB
146 satisfied customers
I work for a company who employed everyone as Casuals in early
I work for a company who employed everyone as Casuals in early 2008. In early Jan 2009 they asked us to go contractural as they said this was easier for them. However I have just found out I am 1 of o… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
I am inquiring about redundancy provisions for contract or
I am inquiring about redundancy provisions for contract or casual employees in the ACT and what conditions apply if redundancy is available, e.g. length of service required, minimum weekly hours. Also… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x