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Alternative

Employment (more)

If an employee reasonably rejects the offer, he/she may still be entitled to a redundancy payment. However, if the employee unreasonably rejects the offer, he/she may be treated as being dismissed from employment and consequently not entitled to a redundancy payment.

If the employee accepts the alternative offer and finds in practice that the alternative employment differs from the original offer made and wishes to leave, he/she must do so without delay to avoid acceptance by performance of the varied terms.

The consideration of whether alternative employment is suitable should be judged objectively. Factors which are likely to be taken into consideration include the duties the employee is required to perform, the comparison between the new role and the old role, pay and benefits, job title, working hours and location.

On the other hand, the consideration of whether the employee’s refusal of alternative employment may involve the employee’s personal situation, the duration of the employment offered (e.g. only a temporary role) along with the circumstances in which the offer is made.


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