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### Introduction
Hello Fellow Professionals,

In these challenging economic times, I sincerely hope that you are managing better than I am.

### Background
I find myself in a rather difficult situation. I am currently located in Victoria, Australia, and back in February 2024, myself and a few colleagues were made redundant by our former company. The reason cited for our redundancies was the “bad economy,” with projects being canceled and the company needing to cut costs. What made this situation particularly unsettling was the lack of prior warning regarding our performance, despite all of us receiving positive yearly performance reviews. Due to our relatively short tenure in the department, it seemed like an easy decision for the company to let us go as it would minimize their severance payouts.

### The Discovery
Recently, I stumbled upon a job posting by the same company for the exact same position, within the same department and office location. This discovery raised red flags for me, especially considering the prevailing industry sentiment suggesting a decline. Furthermore, the nature of the role is highly specialized with a salary nearly double the average in Australia.

### Suspicious Circumstances
Compounding my concerns is the fact that myself and my colleagues who were made redundant share similarities in race, ethnicity, gender, and age group. While I have no concrete evidence of misconduct, these perceived “coincidences” have left me feeling uneasy, especially given the timing of the job posting so soon after our redundancies.

### Legal Implications
Upon researching the Fair Work Commission’s definition of genuine redundancy, it seems that our situation aligns with their criteria. Nonetheless, the swift reopening of hiring and the company’s decision to wait out the 21-day window for lodging disputes raise doubts about the legitimacy of their actions. Once this time frame lapses, it becomes significantly harder to challenge the redundancy, leaving us in a precarious position.

### Emotional Toll
The sudden redundancy has taken a toll on myself and my friends, as we continue to seek new job opportunities. It is disheartening to constantly defend ourselves against perceptions of incompetence during interviews.

### Seeking Advice
If anyone has faced a similar situation or has any advice on how to proceed, I would greatly appreciate your insights on navigating this challenging scenario.

### Conclusion
Thank you for taking the time to read through my concerns and for any guidance you can offer.

Warm Regards,
V

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### The Problem with Legal Jargon
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4 Comments

  • ConsiderationEmpty10

    the FWC 21 day rule is not set in stone. If you write your reasons for filing late they will review it and if the reason is good enough, they’ll accept the case.

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  • CosmicConnection8448

    Is the new job offering the same wages? They could argue that business was slow but has now picked up / they got a new contract/all sorts of excuses….

    Why would anybody ask you if your redundancy is because of incompetence? That makes no sense. Redundancy is just that – the job itself is no longer needed to be done. And it is a perfectly good & valid reason for applying for a new job. Are you sure you’re using the right language? Because if someone told me their previous employment was terminated (for example), I’d want to know why. But if they say redundancy, there’s nothing to question.

    And considering they had no issues employing several of you of the “*same race, ethnicity, gender, and similar age group*”, don’t even go there. Why would you even bring that up?