Pickles...I am going to quote from your post. The management advised quote "nothing in your contract about redundancy" end quote. I am logically looking at this from your management's point of view...and it would be in it's best interest to give you that impression. So....the question is...have you looked at your contract? Or did you take it's word for it....when it's claim can be clearly seen as self interest.
Pickles... there is currently no minimum requirement for redundancy in Australia. Many Awards contain redundancy provisions and I believe the Rudd labour government intend to provide redundancy payment as a minimum standard.
As a senior manager you would not be covered by an Award, so the only minimum afforded to you is what is in your contract of employment. That is all you would be entitled to.
The amount you are paid has nothing to do with it. People earning much less are not entitled to a redundancy either.
The amount you earn may preclude you from making an unfair dismissal claim, but does not affect the amount of a redundancy period.
The Workplace Ombudsman will only assist you where the entitlements you are claiming have been denied are covered by an Award or an Agreement.
Pickles...I tell ya mate...I ain't no legally trained person but if you would've got me to negotiate your workplace contract that would have been the FIRST item on the agenda. Who represented you in it's negotiation?
In any case....it will be a good idea to have a solicitor expert in employment law to have a look at that contract. There may be loopholes (to your benefit) which you may be not recognising. In any case if state law entitles you to a renundancy package...you are thereby entitled..so if I was in your shoes I won't give up...yet. Check with every federal/state employment authority (e.g. Workplace Ombudsman) to see what your entitlements may be. Good Luck
If you are working for a corporation, which I assume you are, then state legislation won't help you much, as you come under the federal system. I'm not sure what state you're in and if you're in Vic, NT or ACT there is no state legislation. Orders of the state Comission relating to redundancy affect only Award based employees and those orders would have to have been made before March 2006 to have any bearing on your position now. I am not aware of a state system that has legislated redundancy as a minimum entitlement. Perhaps yours does? But in any event the commnwealth legislation would cover you, which provides for none.
Yes... I think that it would be imperitive for Pickles to check with all state (federal & state) authorities to see where he stands. There is also the civil angle to play here . This is why he needs to consult a solicitor expert in employment law. There may have been a civil suit instigated in the past where perhaps judgement was made in favour of the plaintiff under cirxstances which copies Pickles' situation (no redundancy clause in workplace contract).This would be categorised as a "precedent" which Pickles' can then use in a civil suit
I have been working in industrial relations for 5+ yrs and understand the system, firstly for a union and now for the employer side. I also understand what a "precedent" is.
The only claim outside the IR system would be for breach of contract and if it isn't in the contract, there's unlikely to be an implied right to it, although it may be that the notice period is not sufficient.
You're unlikely to get much help from a state authority if you're in the federal system and as I said previously the Ombudsman can only investigate Awards, Agreements or breaches of the Act. But go ahead and call...
In general those entitled to redundancies much bigger than what you've already been offered, either already have it in their contract or work on well unionised sites. If you're entitled to the redundancy test case standard, at 15+ years your entitlement would be about 8 weeks.
But go ahead and call everyone, though it sounds like you've already started that.