WA Employment Law - Transferred to New Position then Made Redundant?

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Aussie

Member
24 July 2016
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Hi,

I was recently moved within my company to another position as a 'punishment' for a minor disagreement with the interpretation of a procedure. As soon as I moved into that position I was notified that it was to become redundant and it was to be incorporated into another position.

Although I believe this is ethically and morally wrong, is it legally wrong under employment law to have done this to me?

I have been with this company for 7 years and have had nothing but good reports about my work, often being promoted, etc. I am permitted to apply for this new position but given what has transpired it appears it's a forgone conclusion what the outcome would be!

Redundancy will be paid, if I am unsuccessful or do not wish to apply...

Thanks to anyone who has the sort of knowledge in this area who is willing to help.
 

Serge Gorval

Well-Known Member
LawConnect (LawTap) Verified
2 November 2015
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Sydney
lawtap.com
Sounds like a disingenuous redundancy to move you on.

A genuine redundancy is where your role is no longer required to be performed by anyone. However, if you were moved into a dead role for the purpose of being made redundant then that itself is a breach.

When were you transferred ( also, sounds like a unilateral transfer)? Need more info.
 
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