你们好
我想咨询一个问题，具说在12周wages subsidy期间是不能解雇员工的，然后这12周要发政府的580多纽币的工资补贴，或80%平均工资的补贴。
然后我的合同是4周的notice week,在12周的工资补贴发给我8周的时候给我发4 周的notice week,在这接下来的四周里给我发100%工资算是notice week pay, 因为不需要回去上班。
请问他们这们做合理吗？
其次他们给我四周notice工资这不就是解雇吗？还是应该另有redundant 赔偿？
我的合同如下：
20. Termination of Employment
20.1. In the event of termination of your employment, the following conditions will apply:
20.1.1. Where notice is given by either of us, it shall be no less and no more than the period specified in the Second Schedule (except in the case of redundancy) unless otherwise agreed between the parties in writing.
(a) If you give us notice that exceeds the agreed notice period, it will be deemed to be the notice period as specified in the Second Schedule and your employment will come to an end at the expiry of this time. Any notice given in excess of this will be null and void.
(b) If you give us notice that is less than the agreed notice period you will pay to us the sum equivalent to the amount of salary you would have been paid had you worked out your notice period.
20.1.2. In the event of proven serious misconduct or gross negligence by you, termination without notice will occur. We may suspend you on pay pending an investigation into any suspected serious misconduct or gross negligence involving you.
20.1.3. In the event that you are unable to properly perform your duties by reason of ill-health, accident or otherwise for a period or periods aggregating at least 65 working days (which timeframe may be reviewed by mutual agreement according to the circumstances) in any period of 12 consecutive calendar months, we may, after following a fair process, terminate your employment by giving notice in accordance with clause 18.1.1. You will only be eligible for payment during the notice period in respect of time actually worked. For the purposes of this clause, a fair process will include us requiring you to see a medical practitioner, as nominated by us, to assess your suitability and fitness for work. In the event that you refuse to attend a medical assessment arranged by us, we reserve the right to treat this as a disciplinary matter.
20.2. Where following notice given in accordance with clause 23.1.1 of this agreement we do not require you to work out all or part of the notice period, your employment will terminate at an earlier date nominated by us, in which case payment of your base salary in lieu of the balance of the original notice period will be made. In this case, the employment will be deemed to have ended and all benefits, including any right to commission, under this agreement to have ceased on the last day of actual performance of work unless we have specifically agreed otherwise in writing.
21. Redundancy
21.1. Where, either:
(a) your position is no longer required, or
(b) your position or its requirements permanently change to such an extent that you are unable to fill the position in a manner satisfactory to us, then
we will consult with you with the objective of exploring possible alternatives to termination. If we are unable to find an alternative position, we will provide you with notice of termination of employment which will be at least that specified in the Second Schedule. Your employment will terminate at the expiry of the notice period or earlier where we do not require notice to be worked out but we would pay you in lieu of notice.
21.2. In any case of restructuring where our business, or any part of it, is sold or contracted out, we will, during negotiations for the sale or contracting out, raise with the third party the possibility of them offering you ongoing employment, including consideration that you may transfer on the same terms and conditions of employment.
21.3. In the event that your employment is terminated for reasons of redundancy, the following compensation shall be paid in addition to any other outstanding remuneration, holiday pay or reimbursement:
21.3.1. Subject to clause 20.4 below and the other provisions of this sub-clause, compensation shall be calculated on the basis of four week’s wages for the first year of current continuous service and two weeks’ for each completed year, and pro-rated for an incomplete year of current continuous service thereafter up to a maximum of 12 weeks’ wages (calculated in accordance with clause 18.3.2 below.
21.3.2. Redundancy compensation payments shall be calculated on the basis of your average weekly taxable earnings or the ordinary rate of pay, whichever is the higher, for the 12 month period prior to termination, or since the commencement of employment if less than 12 months.
21.3.3. In the case of you approaching your retirement, the amount of redundancy compensation shall be the lesser of the calculation made in clause 25.3.2 or the amount of base salary payable until the date of retirement.
21.4. No entitlement to redundancy benefits shall arise if:
21.4.1. Your employment is terminated by reason of the contracting out, sale or transfer of the whole or part of the business and the third party acquiring the business offers you employment in substantially the same or similar capacity (or in a capacity you are willing to accept), or substantially the same or similar conditions of employment and agrees to treat your service as being continuous; or
21.4.2. You continue to be employed with us; or
21.4.3. Your position is superfluous to our needs, but we offer you a reasonably similar position, commensurate with your skills and attributes, on similar conditions of employment; or
21.4.4. You leave your employment before your notice period expires.
22. Employment Relationship Problems
22.1. We will promote mediation as the primary problem solving mechanism under this agreement.
22.2. Employment relationship problems include:
· A personal grievance · A breach of this agreement · A dispute over the interpretation, application or operation of this agreement · Any unfair bargaining which leads to this agreement · A question about whether or not you are an employee · Arrears of wages or holiday pay · Wrongful suspension if you are a non-striking employee.
22.3. If you think you have an employment relationship problem you should advise us immediately of the existence and nature of the problem and let us know that you want something done about it. If your problem is a personal grievance you must do this within 90 days of the action causing the grievance. In some cases this time can be extended and in some cases you may wish to proceed under the Human Rights Act 1993 instead of the Employment Relations Act 2000. Once you have alerted us to the existence of an employment relationship problem, you may, if necessary, clarify the nature of the problem and the outcomes you seek.
22.4. Both of us will then attempt to resolve the matter ourselves. If we are unable to do so either of us may request assistance from the mediation service provided by the Department of Labour. If we are still not able to resolve it, either of us is entitled to apply to the Employment Relations Authority (or in certain circumstances the Employment Court) to make a decision on the matter. If either of us is not happy with a decision of the Employment Relations Authority we are entitled to apply to the Employment Court within 28 days of that decision to have the matter heard there.
请好心人解答，谢谢
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发表于 2020-5-9 14:38:35
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