Resources: Blogs

A moving experience - Part 2

Blogs
|

What to expect and what to consider when relocating

In this Part 2, we turn to the types of employment issues employers can expect to face during the process of relocating.

In Part 1 of this blog, we looked at a number of commonly overlooked, but important, consideration for employers in the relocation process.

In this Part 2, we turn to the types of employment issues employers can expect to face during the process.

Relocation redundancy

The possibility of relocation redundancy generally arises if an employee’s contract of employment links their position directly to a location. If the work in that location no longer exists, then it is possible that the position is redundant and the employee is entitled to redundancy pay. However, not all work is linked to a location and some employment contracts are drafted to protect against relocation redundancy.

Clearly, relocation redundancy is a complex area of law and employers should seek specific legal advice if the issue arises.

Changes in travel arrangements

For many employees, the biggest change resulting from a relocation is a variation in travel arrangements.

Some employees may live further from the new site, some may have to catch different types of public transport and others may incur new tolls on their drive to work.

Regardless of the method of transport, employers should be prepared to answer questions about changes in travel arrangements. There are a range of resources available online that can assist in this regard including free maps, public transport trip planning websites and apps and bike lane route recommendations.

Questions about changes in the cost of travelling to and from work should be handled as they arise on a case-by-case basis. The costs associated with travel to and from work are generally not the responsibility of an employer, however, this does not prevent an employer from making individual arrangements with employees to assist in the transition to a new location. If looking at making individual arrangements, employers should be sure to formalise those arrangements and set expectations for the value and duration.

Change anxiety

Organisational change is a known contributor to employee anxiety and feelings of uncertainty.

Employers should plan to have resources in place to assist employees during any period of relocation, such as an employer-funded Employee Assistance Program (EAP) with free access to a counsellors or other professionals.

Final comments

There can be no doubt that relocating is a big undertaking and requires employers to account for many eventualities. Addressing issues as and when they arise can provide both employers and employees with certainty about the matters in question and allow them to focus on the ultimate goal – successfully relocating the business.

Often, the employment issues that are raised in the context of a relocation are complex in nature and may require specialist advice or support. Employers should be prepared to reach out to their lawyers or other specialist advisors and should ensure that employees have access to EAP if required.

 

Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

Similar articles

Annual Wage Review Decison 2024

The Fair Work Commission’s Expert Panel announced on Monday, 3 June 2024 the outcome of its annual review of the national minimum wage and minimum wages under the modern awards.

Read more...

Full Bench makes changes to the Professional Employees Award

Time to be professional

The Full Bench of the Fair Work Commission has determined that it is appropriate to vary the Professional Employees Award 2020 to better deal with the hours of work and overtime as well as clarify the coverage for employees.

Read more...

Expired COVID-19 schedules in modern awards removed

In April 2020, the Fair Work Commission introduced temporary measures in modern awards in response to the need to provide employers and employees flexibility in the context of the COVID-19 pandemic and lockdowns.

Read more...

First Intractable bargaining order made by the Full Bench

How did it end?

Enterprise agreement making under the Fair Work Act 2009 (Cth) requires bargaining representatives to bargain in good faith. Under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), the Fair Work Commission was provided with new powers to arbitrate and issue a workplace determination to resolve intractable disputes about terms and conditions of proposed enterprise agreement in circumstances where there are no reasonable prospects of the parties reaching an agreement.

Read more...

Federal Court finds employee was not demoted due to his exercise of workplace rights

The final decision

Employees are protected from adverse action because they have exercised, or propose to exercise, the workplace right to make a “complaint” or “inquiry” in relation to their employment within the meaning of section 341(1)(c)(ii) of the Fair Work Act 2009 (Cth).

Read more...

Employer successfully rebuts presumption in adverse action claim

Return to sender

An employer has successfully defended an adverse action claim brought by a former employee as the court was satisfied that the employee was not dismissed for a prohibited reason.

Read more...

Let's talk

please contact our directors to discuss how ouR expertise can help your business.

We're here to help

Contact Us
Let Workplace Law become your partner in workplace law and sports law.

Sign up to receive the latest industry updates with commentary from the Workplace Law team direct to your inbox.