An employee was given notice of redundancy, but before the notice period finished, management rescinded it. The employee had already prepared for redundancy, and wants for it to go ahead. Does the employer have the right to force the employee to remain and deny her redundancy pay?
Generally, a notice of redundancy (or any other form of notice of termination) given in accordance with the terms of an employment contract or modern award cannot be unilaterally retracted by an employer. The employee must mutually agree to the notice being re-called. This is because an employee might have already taken steps to secure alternative employment and signed an employment contract, resulting in the employee being bound by two concurrent employment contracts they are unable to honour.