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I have re-located which will not allow me to continue in the…

Customer Question
I have re-located which...

I have re-located which will not allow me to continue in the role I was fulfilling. My employer has been telling me they will find me a new role within the business that will suit my geographical location for 12 months but now that I have moved (I'm still employed and have been commuting but my old role has been re-filled) they don't seem to have a role for me. Are they able to make me resign because it was my choice to move and my old role has now been reassigned to someone else

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sa

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

Full time

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

There are positions open within the business that I am qualified for and would be able to perform with my new address

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/7/2017
Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 8 months ago

Have they made you redundant

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Solicitor: Leon, Solicitor replied 8 months ago

If they make you resign then this is an unfair dismissal.

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Customer reply replied 8 months ago
I'm thinking that they should either offer me a role or a redundancy but wondered if they could make me resign because it was my choice to re-locate
Customer reply replied 8 months ago
They have suggested that there may be a 6 month contract role but that would obviously require me to resign and lose all of my entitlements after 8 years. Would you suggest I not do that and make them offer a full time role or redundancy?
Customer reply replied 8 months ago
Also, do you think it would be appropriate for me to approach them and suggest they organise a redundancy?
Solicitor: Leon, Solicitor replied 8 months ago

Good Morning

It appears that they have restructured and trying to redeploy you and they are not able to.

So you are entitled to be paid a redundancy

How long have you been with them?

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Customer reply replied 8 months ago
I have been with them for 7 years in February
Solicitor: Leon, Solicitor replied 8 months ago

You are entitled to 13 weeks pay plus 5 weeks notice if you are older than 45yo.

Here is the link

https://www.fairwork.gov.au/ending-employment/redundancy/redundancy-pay-and-entitlements#2045-2047

Are you a member of the union?

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Customer reply replied 8 months ago
No union, being so close to long service leave would they have to pay that out? I'm under 45
They also have to pay out any sick leave and annual leave accrued - is that correct?
Solicitor: Leon, Solicitor replied 8 months ago

Will be with you in a minute

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Solicitor: Leon, Solicitor replied 8 months ago

If they make you redundant you are entitled to be paid your long service leave on a pro rata basis provided you have been there for at least 7 years and all your unpaid annual leave.

If you resign the 7 years still applies for the LSL but not for redundancy.

If they do not have a position for you then they have to make you redundant. If they do not you should not resign but take them to Fair Work to sort this out.

Have a mediation.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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