Unfair dismissal or redundancy?

[Jane Beaumont]

I have just been informed that my employment has been terminated. I have been given six weeks notice, and will then be paid out my recreation leave

I am a permanent employee in the sales industry working for a multinational company (who are not bankrupt, nor are they insolvent)

The reason for terminating my employment is due to low sales growth. Whilst low sales in my area has been discussed with me, I am not on a performance plan, nor are there any misconduct issues. The low sales are largely due to the current economic climate.

Is this unfair dismissal or is my position being made redundant? I was thinking the latter, however am confused because FairWork Australia states that one of the conditions for a redundancy is that the organisation ‘no longer requires the job to be done by anyone’. What I do know is that it is likely that the company will manage existing accounts from the nearest capital city. Therefore whilst my role no longer exists, the functions of my role will be managed remotely.

I am still awaiting for my employer to put this information in writing to me

 

[Rod]

Based on your post it sounds like redundancy. Timing is tricky here. How have they notified you of the 6 week notice period? Text, conversation, email?

What state are you in?

 

[Jane Beaumont]

Based on your post it sounds like redundancy. Timing is tricky here. How have they notified you of the 6 week notice period? Text, conversation, email?

What state are you in?

Thanks for your response Rod.

I am in Queensland

They notified me face to face in a meeting earlier this week. I had no advance warning that I was going to be given notice at this meeting. I thought that it was a general catch up. I was caught by surprise

 

[Rod]

Takes notes now and wait. Do not spook them into finding a reason to sack you using some kind of trumped up serious misconduct. Wait for notice in writing then post back with their reasons and length of your employment if you are not happy with the amount they are paying.

Meanwhile you should be looking around for new work.

 

[Jane Beaumont]

Takes notes now and wait. Do not spook them into finding a reason to sack you using some kind of trumped up serious misconduct. Wait for notice in writing then post back with their reasons and length of your employment if you are not happy with the amount they are paying.

Meanwhile you should be looking around for new work.

Definitely looking for new work, however it is very hard to find anything at the moment. They definitely talked to me about performance, but performance is low because people are not buying the products I am selling (they are buying cheaper alternatives rather than premium brands).