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redundancy and re-employment
how long

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#1 bokchok

Posted 26 February 2013 - 04:34 PM

hi there

how long does a company have to wait before it employs people into a position it had made redundant?

#2 Sloane Peterson

Posted 26 February 2013 - 04:37 PM

I think it's 6 months??!

#3 bokchok

Posted 26 February 2013 - 04:45 PM


my ex co advertised yesterday for roles where I was made redundant 4 months ago and after they said they would be happy to take me back if there is work as I had a good rep (as recent as Friday when I had a meeting with them as I have not found work yet)

they said in redundancy we can contract back if work before expected etc but I am not having any luck finding out timelines

I only received a months redundancy payout as I had been there a year

#4 Mpjp is feral

Posted 26 February 2013 - 04:46 PM

Can you give us context i.e have you been made redundant and have just found out that the company has reemployed someone else in the position you previously held? Or something else?

#5 Mpjp is feral

Posted 26 February 2013 - 04:51 PM

Not sure exactly what you are asking but yes, after 4 months they can reemploy.

I am not sure why they'd advertise though if they said they would reemploy you - is this private or public?

#6 bokchok

Posted 26 February 2013 - 04:55 PM

QUOTE (meplainjanebrain @ 26/02/2013, 05:16 PM) <{POST_SNAPBACK}>
Can you give us context i.e have you been made redundant and have just found out that the company has reemployed someone else in the position you previously held? Or something else?

sorry we posted same time an update

they advertised on Seek

so yeah a bit confusing when I asked if there was anything coming up etc and they called me to say they were keen to have me back as well but they await to hear on a proposal success - but then the ad is out so im confused because you wont take me back yet, but you advertising for the roles as well so why cant you take me back

#7 Mpjp is feral

Posted 26 February 2013 - 04:58 PM

QUOTE (bokchok @ 26/02/2013, 05:55 PM) <{POST_SNAPBACK}>
sorry we posted same time an update

they advertised on Seek

so yeah a bit confusing when I asked if there was anything coming up etc and they called me to say they were keen to have me back as well but they await to hear on a proposal success - but then the ad is out so im confused because you wont take me back yet, but you advertising for the roles as well so why cant you take me back

Hmmmm that is confusing. Maybe a mis-communication between the ad poster and the recruiting manager? I'd be asking them about it.

If it's private they dont have to advertise or anything...public they may well need to. I'd clarify the situation.

Hopefully they are being honest with you.

#8 mindy05

Posted 27 February 2013 - 10:03 AM

Maybe they are waiting on a contract coming up and want to have staff ready to go if it comes off. So they advertise the position, but wouldn't actually hire anyone yet.

#9 credence

Posted 27 February 2013 - 10:47 AM

Are they changing it to contract work perhaps?

#10 bokchok

Posted 27 February 2013 - 01:33 PM

QUOTE (credence @ 27/02/2013, 11:17 AM) <{POST_SNAPBACK}>
Are they changing it to contract work perhaps?

no I asked and it would be permanent hires and they are "planning ahead" - they are waiting to hear from HR regarding re-employing me in terms of whats the rules considering redundancy - so I said it was over 4 months ago, plus if you able to publicly advertise and hire people, there should be no reason to "exclude" me if you willing to have me which you have said you have, - the impact would have been if before 3 months was up...but not now...

but ja HR has to advise them so they know for sure - so once they know who knows what then but we keeping the communication open. jeez I just want to work, im not finding work no matter what and going mental, and they want me back in that I performed really well....now these technical bits. I hope it works out and soon

#11 GeminiSix

Posted 27 February 2013 - 02:27 PM

I have always been under the impression that the Tax Office had a rule in relation to this, due to the fact that redundancy payments had a tax-free component.  

#12 Mpjp is feral

Posted 27 February 2013 - 02:33 PM

Is it public or private?

#13 YodaTheWrinkledOne

Posted 27 February 2013 - 03:33 PM

Let me get this straight
- you worked for the company for a year or so (under 2 years, since you received a 4 week pay-out)
- your position was made redundant 4 months ago
- however, you are still in contact with your former employers and they SAY they would like you back
- you find out that they are now advertising your position (or similar) on seek.com
- AND they haven't let you know that they were doing this?

I don't think I would be relying on employment with them.  

They have possibly changed the job description enough to say that it's not the same as your old job, that's why they can advertise it now.

That's just my take.  I'm in a cynical mood today.  Could well be much more optimistic about it tomorrow.

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