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I’ve been working for a well-established multinational company in Sydney for 10 years and have been recognized as an outstanding employee every year. However, I was suddenly informed yesterday that I’m being laid off because my department is relocating to India. What compensation can I claim?

I'm sorry to hear about your situation. In Australia, employees who are made redundant due to their employer relocating operations are entitled to certain compensation and support. Here's a detailed explanation of your entitlements and the steps you can take:

Legal Entitlements

1. Redundancy Pay: Under the Fair Work Act 2009, you are entitled to redundancy pay if you have been with the company for 10 years and your role is no longer required due to the relocation. The redundancy pay is based on your continuous period of service with the employer.

2. Notice of Termination: Your employer must provide you with notice of termination or pay in lieu of notice. The notice period depends on the length of your service and any terms outlined in your employment contract or enterprise agreement.

3. Accrued Leave: You are entitled to be paid for any accrued but unused annual leave and long service leave.

Redundancy Pay Scale

The redundancy pay scale under the Fair Work Act 2009 is as follows:

  • At least 1 year but less than 2 years: 4 weeks' pay
  • At least 2 years but less than 3 years: 6 weeks' pay
  • At least 3 years but less than 4 years: 7 weeks' pay
  • At least 4 years but less than 5 years: 8 weeks' pay
  • At least 5 years but less than 6 years: 10 weeks' pay
  • At least 6 years but less than 7 years: 11 weeks' pay
  • At least 7 years but less than 8 years: 13 weeks' pay
  • At least 8 years but less than 9 years: 14 weeks' pay
  • At least 9 years but less than 10 years: 16 weeks' pay
  • At least 10 years: 12 weeks' pay (Note: For redundancy purposes, service beyond 10 years may reset the entitlement to 12 weeks’ pay if long service leave is taken into account)

Steps to Take

1. Review Your Employment Contract and Company Policies: Check your employment contract, enterprise agreement, and any company policies that might provide additional entitlements or outline the redundancy process.

2. Request a Written Notice: Ensure you receive a written notice of termination that outlines the reason for redundancy and the payments you will receive.

3. Calculate Your Entitlements: Calculate your redundancy pay, notice period, and accrued leave entitlements based on your service period and the Fair Work Act guidelines.

4. Seek Clarification: If you have any doubts or questions about your entitlements, seek clarification from your HR department.

5. Contact Fair Work Ombudsman (FWO): If you believe your entitlements are not being met or you need further advice, contact the Fair Work Ombudsman for assistance.

6. Consider Legal Advice: If there are disputes or complexities in your redundancy process, consider consulting an employment lawyer for personalized advice.

Practical Tips

- Document Everything: Keep detailed records of all communications and documents related to your redundancy.

- Seek Support: Utilize any outplacement services or career support offered by your employer to help transition to a new role.

- Know Your Rights: Familiarize yourself with your rights under the Fair Work Act and any applicable enterprise agreements.

By understanding your entitlements and taking these steps, you can ensure you receive the appropriate compensation and support during your redundancy. If you need further assistance, an employment lawyer can provide personalized guidance based on your specific situation.

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3 May 2024
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The plaintiffs are seeking to recover $210,000 from the defendants after investing money with Mr. Marino through a trading platform. The Court expects the parties to engage with each other and frame issues thoughtfully. The plaintiffs claim that any loss suffered was due to gross negligence, fraud, or wilful default on Mr. Marino's part. The text discusses the principles related to third party claims against lawyers for economic loss and the distinction between an employee and an independent contractor. Various factors are considered in determining the nature of the relationship between parties, such as the terms of the contract, control, tax deductions, and payment structure.
Judgment
The text summarizes the outcome of a legal case where the plaintiffs were successful in their contractual claim against the first defendant but were unsuccessful in their claims against the second defendant. The parties are required to submit a brief summary of the court's decision.
Legislation
1.Bankruptcy Act 1966 (Cth)
2.Civil Liability Act 2002 (NSW)
3.Civil Procedure Act 2005 (NSW)
4.Competition and Consumer Act 2010
5.(Cth)
6.Corporations Act 2001 (Cth)
7.Evidence Act 1977 (Qld)
8.Evidence Act 1995 (NSW)
9.Jurisdiction of Courts (Cross-vesting) Act 1987
10.(Cth)
11.Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW)
12.Legal Profession Act 2007 (Qld)
13.Legal Profession Uniform Law 2014 (NSW)
14.Partnership Act 1891 (Qld)
15.Partnership Act 1892
16.(NSW)
17.Australian Solicitors Conduct Rules
18.Uniform Civil Procedure Rules 2005 (NSW)
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