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Section : Employee not entitled to redundancy pay if refuses employment in certain circumstances
Domain : Human Resource Management
Classification : Not Identified
Text Content
(3) An employee is not entitled to redundancy pay under section 119 in relation to the termination of his or her employment with an employer (the first employer ) if: (a) the employee rejects an offer of employment made by another employer (the second employer ) that: (i) is on terms and conditions substantially similar to, and, considered on an overall basis, no less favourable than, the employee's terms and conditions of employment with the first employer immediately before the termination; and (ii) recognises the employee's service with the first employer, for the purpose of this Subdivision; and (b) had the employee accepted the offer, there would have been a transfer of employment in relation to the employee. (4) If FWA is satisfied that subsection (3) operates unfairly to the employee, FWA may order the first employer to pay the employee a specified amount of redundancy pay (not exceeding the amount that would be payable but for subsection (3)) that FWA considers appropriate. The first employer must pay the employee that amount of redundancy pay.