As all Union members will now know Call Active management announced late on Friday afternoon that the business would fold immediately and that as a result workers would be out of work and out of pocket on their basic employment entitlements.
This is outrageous!!! Employees at Call Active rightfully feel let down as clearly the business was struggling.
The Union has sprung immediately into action to try and ensure all of our members at Call Active are informed with all available information as a minimum about:
- The company closure and its implications
- Your rights as employees
- Payment of your entitlements including unpaid wages, annual leave and redundancy pay
The Union has been busy all weekend trying to speak to senior management at Call Active. We have also spoken to ASIC (the Australian Securities and Investment Commission), the Australian Government Department of Employment plus taken appropriate legal advice from the Unions lawyers to try and ensure we can look after the interests of ASU members at Call Active.
In very simple terms what we know is this:
- 178 people have lost their jobs
- Employees are owed wages for work done over the last 3 weeks that has not been paid
- Many employees have entitlements to unused annual leave that has not been paid
- Many employees will be eligible for redundancy pay which has not been paid
- It also appears as if the company may not have paid superannuation for employees for some considerable period of time
- The company will have a lot of questions to answer
- An Administrator / Receiver will be appointed to oversee the mess left behind as a result of the business collapse. We will advise Union members as soon as we know who has been appointed.
- The New Zealand arm of the business has also collapsed leaving workers across the Tasman high and dry
- ome work contracts will relocate to other call centres and as a result some Call Active workers may follow that work to the new employer. This has certainly been the case with the work going back to RACV as an example.
WHERE TO FROM HERE?
Sorting through this mess will be a long and arduous task for the Receivers and the Government departments involved. That may be of some longer term help to employees who want some answers about this collapse, but the harsh reality is that many employees need to find a way forward now.
Some employees will have received some information about assistance available whilst others may still be in the dark.
The Australian Government provides financial assistance to cover some unpaid employment entitlements to eligible employees who lose their job through liquidation or bankruptcy of their employer.
This financial assistance is called the Fair Entitlements Guarantee (FEG).
FEG provides for the following specific assistance:
- Up to 13 weeks unpaid wages (we believe at Call Active that 3 weeks is outstanding)
- Unpaid annual leave
- Unpaid long service leave
- Payment in lieu of notice up to 5 weeks wages
- Redundancy pay
WHAT SHOULD YOU DO IMMEDIATELY?
There are some basic eligibility requirements to claim FEG.
- Union members at Call Active should check their eligibility status at FEG at: www.comlaw.gov.au/series/C2012A00159
- For information on how to lodge a claim go to: www.extranet.employment.gov.au/feg
- More information on eligibility and claims for assistance can be obtained at: www.employment.gov.au/fair-entitlements-guarantee-feg
If you need advice and assistance with this process please call Gail Evans at the Union on 0430 079 488 or email: firstname.lastname@example.org
WHAT THE UNION WILL DO IMMEDIATELY
The Union will continue to pursue Call Active management for answers on the collapse of the business.
We will also liaise closely with the Receivers once they have been appointed to ensure all of your interests are protected and dealt with carefully and promptly. The Union will also ensure that we continue to get appropriate legal advice to look after the interests of your entitlements.
The Union will also make any representations required to ASIC and other government departments on your behalf as required over the coming weeks.
We will ensure employees transferring to new call centres after following work contracts are looked after in their new environments. If you are one of these transferring employees please let Gail Evans at the ASU know where you have moved to.
In the meantime the Union will continue to update all members on the current state of play as the days and weeks roll by. The most important things to achieve in the immediate short term is payment of outstanding wages plus payment of other outstanding entitlements such as annual leave and redundancy.
If you have any questions please contact Gail Evans at the ASU on 0430 079 488 or email: email@example.com