Can redundancy conditions be changed after acceptance?

[lizzie]

I'm searching the net myself ... but there is nothing like put a question up on SS for someone to point you at the right documentation.

Hubby was offered a forced redundancy package just over a week ago via email. They they sent him the payout figures also via email. He accepted the offer ... so, as I have been advised by a head of HR of a large other firm the offer is legally binding unless hubby changes his mind.

Today he had a meeting with his boss, who was on hols when the offer was made. At the time of the offer and acceptance there were no positions for him to move to (hence "forced").

Since the offer and acceptance two potential positions have arisen as available. Neither of them are suitable. Problem is that his boss won't get back to him until next week about the other positions and is leading him to believe that if he now chooses to leave it will be a voluntary redundancy - which means his package is cut by nearly half ... over $150,000 so nothing to be sneezed at.

I have been led to believe (from the HR person mentioned) that because the offer was made and accepted last week as a forced redundancy, then it is a binding contract unless hubby changes his mind - regardless of what the "voluntary" redundancy fine print says.

My problem is that hubby won't believe what I tell him because it's just "Lizzie" yapping on ... I need to be able to point him to the legislation.

I'll keep looking but can anyone help?

 

[Lamingtons]

Can you call.. work choices?
Or do they not 'protect' your husband as he earns above the limit?
No harm giving them a ring Lizzie.

I hope it gets sorted out.

 

[Aaron_C]

I wish I knew the intricacies of industrial relations law, but normally contracts are binding unless there is agreement by both parties to tear it up.

 

[sanj]

I'll keep looking but can anyone help?

we're talking about $150k here, get a recommendation for a lawyer who specialises in this, go see them for 30-60mins, spend the $300-$500 and know exactly where you stand

 

[lizzie]

Rang Fairwork Australia, but apparently the legislation is very vague for any payout over the maximum 12 weeks.

The work policy states that the forced redundancy is only available if there are no suitable positions - there is "a" suitable position, but the boss there is horrible and the job is nothing like what he doesn now and would drive hubby to leave.

I was curious about the "offered" and "accepted" bit.

 

[Lamingtons]

^^ Sorry to hear that Lizzie.
Yes I meant Fair work ... not work choices. oops.

Lawyer up and have a discussion about it.

 

[marg4000]

If it is a binding contract, then it is hard to believe that the HR person is correct when he/she says that that your husband can change his mind but the company cannot.

It will all depend on the wording of the contract signed.
Marg

 

[lizzie]

It will all depend on the wording of the contract signed.
Marg

Wasn't signed - but was written offered and accepted, which would hold up in court as binding.

Fairwork says that anything outside of "up to" 12 weeks is reliant on the "in house" policy ... policy is vague ... will see what happens next week.

Hubby is of the (peeved off) mood to take the lower offer and get a better paying job in Perth.

 

[sash]

The question is whether your hubby accepted it via email.

And if so ...was the redundancy package spelt out in the email. If so...then show the email to the boss. The law of contracts works on good faith and what is reasonable.

I would start by forwarding the email and remind them that both parties have accepted. Use the words legally binding and cc HR.

The sit back and wait for the fireworks!....between HR and the boss that is!!

His boss should bit more careful of making ambit claims I suspect. Your friend in HR is correct on this one.

I'm searching the net myself ... but there is nothing like put a question up on SS for someone to point you at the right documentation.

Hubby was offered a forced redundancy package just over a week ago via email. They they sent him the payout figures also via email. He accepted the offer ... so, as I have been advised by a head of HR of a large other firm the offer is legally binding unless hubby changes his mind.

Today he had a meeting with his boss, who was on hols when the offer was made. At the time of the offer and acceptance there were no positions for him to move to (hence "forced").

Since the offer and acceptance two potential positions have arisen as available. Neither of them are suitable. Problem is that his boss won't get back to him until next week about the other positions and is leading him to believe that if he now chooses to leave it will be a voluntary redundancy - which means his package is cut by nearly half ... over $150,000 so nothing to be sneezed at.

I have been led to believe (from the HR person mentioned) that because the offer was made and accepted last week as a forced redundancy, then it is a binding contract unless hubby changes his mind - regardless of what the "voluntary" redundancy fine print says.

My problem is that hubby won't believe what I tell him because it's just "Lizzie" yapping on ... I need to be able to point him to the legislation.

I'll keep looking but can anyone help?

 

[rprodrive]

Wasn't signed - but was written offered and accepted, which would hold up in court as binding.

Fairwork says that anything outside of "up to" 12 weeks is reliant on the "in house" policy ... policy is vague ... will see what happens next week.

Hubby is of the (peeved off) mood to take the lower offer and get a better paying job in Perth.

Hi - this is my area of expertise - the 12 weeks is the NES standard so no point calling Fairwork for help as they have no control over contractual or policy entitlements. The policy of the employer is what counts in this case assuming there is nothing in the employment contract or industrial instruments (if they exist).

Usually the way these things work is that the employer has an absolute right and obligation to 'save' the person from retrenchment. If they have found him a job what are you worried about? Isn't that what a responsible employer should be doing?

 

[Melbournian]

Yeah I will do and come back with a new job. Happens all the time at my workplace ppl take the package and come back next week

 

[mattnz]

Yeah I will do and come back with a new job. Happens all the time at my workplace ppl take the package and come back next week

I've seen this too, they often come back as contractors on higher pay.