I was made redundant yesterday and was wondering if I have grounds to fight for a better severance package than I was

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Customer: Hi There, I was made redundant yesterday and was wondering if I have grounds to fight for a better severance package than I was offered.
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: No this was not
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Hospitality Tech
JA: Where are you located? Workplace termination laws vary by state.
Customer: Well I was employed in Vic for 3 and half years and literally haave just arrive in WA on Sun. I had blessing and approval to complete my role remotely in WA. ANd I made it clear I would not have made the move to country WA without a job and if the job was required to stay in Vic or was only able to move to A capitol city, I would have chosen to move the family to Perth.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Well The company is global and yesterday invited everyone to a call to announce that there were going to be 88 redundancies globally. I was invited to this call. On the call it was explained that everyone in the call was safe. But I noticed my access had been disabled internally. After the meeting I contacted my line manager who did not know anything about this, finally I was able to speak with HR and the Country manager who informed me that I was one of the 88 and that I should have been invited to a seperate call
Answered by Daniel in 5 mins 2 years ago
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Daniel
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Daniel, Expert

Hello
My name is***** am a Solicitor here in Australia and look forward to helping from you.

If there is anything that I type that you need any clarification on, by all means let me know. I am here to help.

If you prefer to speak with me over the phone, click on the phone call option! I can then call you immediately, or at a time that suits you.

Have you agreed upon terms? If so, there will be some issue.
What was the offer?

Severance pay is usually around 7 weeks for that period of employ.

IN SHORT: yes you can of course negotiate with them and arrange for a better deal, however it is a matter for them to enter into discussions. Employed there for 3 1/2 years is not a substantial amount.

I wish to help you in this situation.

Please click accept / rate my service (WITH THE STARS - FINISH BY RATING). I am able to answer further questions after doing so at no further cost to you

Customer
Thanks for getting back to me
Customer
As mentioned, I think they have done most everything by the book
Customer
I am wondering do I have grounds due to the emotional hardship that they put me through with the whole process. I mean I moved my family across the country an was given the assurance that this was ok to do and they would support me in any way to do so. This was the most stressful 4 weeks of my life with border shutting and not knowing what was happening, then packing up our life on short notice and driving across the country
Customer
To then, 2 days into working from WA, be told im being made redundant and in the way it occurred was even more distressing. Being in the wrong call, thinking I was safe as thats what was stated to all that were invited to the call and to then be told otherwise, with no chance to have a support person present
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Daniel, Expert

Hello
There is nothing really under the fair work act to sue them.
You can attempt to however through the Fair Work Australia Commission.

Customer
What sort of advice would you give in how to go about asking for a larger package? I have heard I should at least ask for the sick leave to be paid out. As someone who never took "Sickies", I had over 20 days owing.
Customer
Are you still there?
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Daniel, Expert

Hello
Sick pay is not paid out generally in a redundancy sadly.
If you have agreed on terms, then there is not much else you can do. Perhaps focus on obtaining another employ. I know this sounds incredibly callous but the options here, limited.

Customer
I have not signed anything at this stage
Customer
I understand from what you are saying there are not much grounds at all but again, just after some advice on the best way to construct a request for a larger payout
Customer
Essentially I was told that due to the way it went down, I prob have some grounds due to the stress and emotional hardship I have been put through.
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Daniel, Expert

What have they offered?
If easier, click on the phone call option.

Customer
7 weeks plus 3 weeks notice period and holidays owing
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Daniel, Expert

Hello
Well within the range.
It's actually 3 weeks more than your entitled sadly.
Customer
That’s not what I’ve read and calculated. It’s essentially right on the standard
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Daniel, Expert

Hello
Agreed. Apologies.

What I mean is that the 7 weeks is what you are entitled to, plus holidays.
7 weeks is the severance package for someone who has worked between 3 and 4 years.
Thats the entitlement. Plus 3 weeks holiday pay.

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