Hi,
I would like to get clarification on what I am entitled to for a redundancy payout based on continuous service with associated entities. I have studied the Fair Work Act, but the wording around this issue is confusing for me.
01 September 2009 - Hired by Company A (Foreign Office). I was hired as a local in that country, not an expat from Australia. I am Australian citizen, but able to work due to residency via marriage
15 June 2012 - Finished work with Company A (Foreign Office)
25 June 2012 - Started work with Company A (Australian Office)
16 August 2014 - End of notice period due to redundancy
Company A (Foreign Office) is wholly owned subsidiary or branch office of Company A (Australian Office). According to the FWA this makes them associated entities, and because the break in employment was < 3 months this means it should count as continuous service.
Have been told I will receive 6 weeks pay for redundancy (excluding all other payments such as A/L, notice period etc). This is correct based on service with Company A solely in Australia, but I am trying to find out if I am eligible for 8 weeks based on continuous service over the whole 4 year period. I am not asking about LSL, A/L, notice period, or any other benefit, just redundancy for length of service.
HR have told me I am not because:
1) You were not employed by Company A in Australia prior to being employed by the foreign entity – i.e. you did not transfer from Company A to the foreign entity for an assignment for a specified period. You were a direct hire into the foreign entity with no prior Company A employment.
2) Your employment in foreign entity was terminated and you were paid out all required entitlements. You were then hired directly by Company A (Australian Office).
3) For purpose of redundancy and in line with legislation, only service with an Australian entity counts.
With regards point 2, I was paid out all entitlements such as annual leave etc., but because I resigned there was no redundancy involved.
Thanks for any assistance.
I would like to get clarification on what I am entitled to for a redundancy payout based on continuous service with associated entities. I have studied the Fair Work Act, but the wording around this issue is confusing for me.
01 September 2009 - Hired by Company A (Foreign Office). I was hired as a local in that country, not an expat from Australia. I am Australian citizen, but able to work due to residency via marriage
15 June 2012 - Finished work with Company A (Foreign Office)
25 June 2012 - Started work with Company A (Australian Office)
16 August 2014 - End of notice period due to redundancy
Company A (Foreign Office) is wholly owned subsidiary or branch office of Company A (Australian Office). According to the FWA this makes them associated entities, and because the break in employment was < 3 months this means it should count as continuous service.
Have been told I will receive 6 weeks pay for redundancy (excluding all other payments such as A/L, notice period etc). This is correct based on service with Company A solely in Australia, but I am trying to find out if I am eligible for 8 weeks based on continuous service over the whole 4 year period. I am not asking about LSL, A/L, notice period, or any other benefit, just redundancy for length of service.
HR have told me I am not because:
1) You were not employed by Company A in Australia prior to being employed by the foreign entity – i.e. you did not transfer from Company A to the foreign entity for an assignment for a specified period. You were a direct hire into the foreign entity with no prior Company A employment.
2) Your employment in foreign entity was terminated and you were paid out all required entitlements. You were then hired directly by Company A (Australian Office).
3) For purpose of redundancy and in line with legislation, only service with an Australian entity counts.
With regards point 2, I was paid out all entitlements such as annual leave etc., but because I resigned there was no redundancy involved.
Thanks for any assistance.
