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  1. #21
    NanaK's Avatar
    NanaK is offline I'm surrounded by beautiful boys!
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    Quote Originally Posted by kw123 View Post
    I am glad you are getting something. When you say they are paying you out, do you mean a redundancy, or just a sort of goodwill payment?

    If the person performing your role is doing substantively different duties (which is always open to interpretation) then they could argue that your role is redundant and the replacement is doing a "new" role.

    .
    When I went through the role descriptions today with the ombudsman line it was clear that I could provide evidence that the tasks that the "manager" is now doing were un officially done by the supervisor previously. I have emails with the reports going out etc that is now part of her role. Plus I used to mange India as well but they weren't on my PD but that is apparently one of her added functions.

    Anyway the ombudsman line said that I had a strong case and pointed out the reasons why. When I spoke to my employer i think they quickly realised that it wasn't a legitimate redundancy the roles are really the same and so they offered me the 4 weeks payout plus 4 weeks notice that they will pay out too. To answer your question though, they are classing it as a redundancy but it is really hush money IMO.

    I'm happy with the 8 weeks, it will keep us going for another 4 moths and hopefully I can find something by then.

    THANK YOU for all of your help ladies.

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    Good on you for the good outcome

  3. #23
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    Yes this fairly common unfortunately! Backtracking now


    Quote Originally Posted by NanaK View Post
    When I went through the role descriptions today with the ombudsman line it was clear that I could provide evidence that the tasks that the "manager" is now doing were un officially done by the supervisor previously. I have emails with the reports going out etc that is now part of her role. Plus I used to mange India as well but they weren't on my PD but that is apparently one of her added functions.

    Anyway the ombudsman line said that I had a strong case and pointed out the reasons why. When I spoke to my employer i think they quickly realised that it wasn't a legitimate redundancy the roles are really the same and so they offered me the 4 weeks payout plus 4 weeks notice that they will pay out too. To answer your question though, they are classing it as a redundancy but it is really hush money IMO.

    I'm happy with the 8 weeks, it will keep us going for another 4 moths and hopefully I can find something by then.

    THANK YOU for all of your help ladies.

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    ......

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    It makes me a little sad that companies get off the hook so cheaply for unfair treatment of pregnant woman and new parents. This is not right :-(

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    Work choices have a lot to answer for...

  7. #27
    NanaK's Avatar
    NanaK is offline I'm surrounded by beautiful boys!
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    Quote Originally Posted by Lili81 View Post
    It makes me a little sad that companies get off the hook so cheaply for unfair treatment of pregnant woman and new parents. This is not right :-(
    I agree, but I think they just rely on people wanting to focus their energy on finding a new job so they don't put up a fight. I've decided I'm probably still going to report them once I get my letter of recommendation, I am very sad to say this us the 3rd time my company has done this to someone in just the last 12 months since I've been there... And i would like them not up do it again.

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  9. #28
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    Plus I know personally that they have really done a number on my self esteem.... After all of this I just wouldn't want to go back I can't imagine working with a 'team' that only kept me because I reported them and called them out on the phony redundancy...

    It really is upsetting but it is what it is I guess.

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    OP sorry if you already answered this but did you have the 12 months service if you went by your due date (not the date you went on leave? That really is the essence of the whole issue as they technically have not done anything wrong if you don't. Legally anyway. Morally is another issue.

  11. #30
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    OP - glad that you are getting a payout.

    It is better for you if thye are calling it a redundancy as it is taxed differently for you. So I wouldnt argue with that. They will send you an ETP statement to help you do your tax.

    Its still Sh*t treatment by them employing someone else to fill your role - but yeah, if you are not going to want to work for them any more anyway, a payout is the best way to go.


 

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