Having been made redundant and receiving an estimated calculation of the total package (no consultation or written advice other than calculations), the entitlements are above the NES. The company has had an established redundancy provision which was previously 4 weeks for every year of service and in 2016 was capped at the number of years your employment was at.
A week after receiving the estimated calculations, i have now received a letter from HR stating:
Your receipt of the Redundancy Payment is subject to you signing and returning the enclosed Separation Deed within 7 days of your Finish Date. If you do not sign the Separation Deed, you will receive the statutory redundancy payment outlined in the Fair Work Act 2009 (Cth).
In other words if i dont sign the deed i will miss out on being paid the standard redundancy provisions which is 5 weeks less than the companies policy. In addition the deed restricts employment within the industry or market for 12 months on a global scale! A bit unreasonable after 20 years with the same employer within the one industry since uni.
My question is, can they limit my entitlements although the business has a redundancy pay policy that has a more generous entitlement and the business has a practice of paying employees a higher redundancy payment?
A week after receiving the estimated calculations, i have now received a letter from HR stating:
Your receipt of the Redundancy Payment is subject to you signing and returning the enclosed Separation Deed within 7 days of your Finish Date. If you do not sign the Separation Deed, you will receive the statutory redundancy payment outlined in the Fair Work Act 2009 (Cth).
In other words if i dont sign the deed i will miss out on being paid the standard redundancy provisions which is 5 weeks less than the companies policy. In addition the deed restricts employment within the industry or market for 12 months on a global scale! A bit unreasonable after 20 years with the same employer within the one industry since uni.
My question is, can they limit my entitlements although the business has a redundancy pay policy that has a more generous entitlement and the business has a practice of paying employees a higher redundancy payment?
