WA Transfer Of Employment - Entitlements?

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Stephen 370H55A

Active Member
19 September 2014
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I use the term redundancy loosly, there was never any arrangement to continue employment. They wanted to retain me on a casual basis for another week only. Hence my call to invoice them as a contractor (the new owners).
I think the previous owners intent was simply to pass me over to new employer and wash his hands. Without paying my entitements.
New company had no arrangements and had no wish to continue with my contract as it stood.
Offered me a casual rate and made it clear they did not wish to retain my services.
Previous owner refuses to communicate, states will not read my emails, 'see you in court'...
 

Stephen 370H55A

Active Member
19 September 2014
7
0
31
Well things are progressing, rang FWA, they agree I have a case to lodge a complaint.
I've received a reply from fmr employer, he's gunner see his lawyers and abide by their decision.
FWA suggest I issue a letter of demand.
Q. Can this be any format or does it need to follow a certain template??
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
I use the term redundancy loosly, there was never any arrangement to continue employment. They wanted to retain me on a casual basis for another week only. Hence my call to invoice them as a contractor (the new owners).
I think the previous owners intent was simply to pass me over to new employer and wash his hands. Without paying my entitements.
New company had no arrangements and had no wish to continue with my contract as it stood.
Offered me a casual rate and made it clear they did not wish to retain my services.
Previous owner refuses to communicate, states will not read my emails, 'see you in court'...
Best get to it then.
Fair Work has some pretty tight time frames, that are not flexible.

As to a letter of demand, to the extent that you were an employee,
you may find this a useful model for your own letter.
Use plain English, but be clear what you want.
I do not recommend using terms "loosely" in your Letter of Demand.

http://knowyourrights.org.au/wp-content/uploads/2012/03/Sample-letter-of-demand.doc
 

Stephen 370H55A

Active Member
19 September 2014
7
0
31
Ok, getting there, 1 last question... I need to write a letter of demand, trying to be accurate here;
Does my 'notice period', (1 weeks salary according to FWA) accumulate annual leave hours as per base salary? Or not?
I'm owed approx 60 hours annual leave, plus 1 weeks notice, do I include annual leave in that weeks notice?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
You have a start date and a finish date.
If you were still working during your notice period,
calulate accordingly.