Redundancy or Termination ?
Printed From: AussieLegal
Category: Employment Law, Compensation Law, Negligence
Forum Name: Discrimination, Unfair Dismissal, Asbestos, Negligence
Printed Date: 20/April/2019 at 00:37
Topic: Redundancy or Termination ?
Posted By: Secretary5244
Subject: Redundancy or Termination ?
Date Posted: 14/October/2018 at 20:12
My colleague and are employed under Clerks Award on a permanent minimum 30 hour per week contract. We have both been with the company for years as Administrators. The total hours in the Admin Department is currently 60 hours per week (30 hours for each of us)
Due to budget cuts in the Administration Department, they have told us they want to cut the total Admin hours to 40 per week and suggest job share (20 hours for each of us)
Our contract and award allows for these types of changes with the agreement of both parties (employer and employee) so our employer has done the right thing by consulting with us and starting those discussions.
My colleague is remaining firm that she does not want to alter her minimum 30 hours per week, so I am unable to negotiate a job share arrangement with her. I am certainly not going to accept doing only 10 hours per week.
My understanding is this will result in the employer ending the employment of one of us so that the other person can do the full 40 hours per week or they will employ another person to job-share with one of us.
My question is..... When our employer chooses which one of us they want to end employment....is this redundancy or termination ?
Posted By: jaazzz
Date Posted: 14/October/2018 at 23:21
If a job description no longer exists & there is no opportunity for the employee to move to another job within the company, then that person is made redundant..
If however the original position remains but a person is told they are no longer required, then that is a termination.
Check with the relevant union for confirmation
Any opinion given should not be accepted as legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks