Impact of phoenix activity on employ superannuation, Business Law and Ethics

Assignment Help:

Q. Impact of phoenix activity on employ superannuation?

Employees experience a range of impacts other than lost wages, entitlements and superannuation from phoenix activity. First, if employees are not rehired by the new company, they will often experience periods of unemployment. These periods of unemployment can have significant impacts such as a disintegration of skills. Even if an employee is re-hired by the phoenixed company, they will often have a period of weeks or months where they are unemployed. Union stakeholders have indicated that during this period, the phoenix operator will often reassure the employee that they will be able to start work very soon. Therefore, employees will not claim unemployment and often experience financial distress before they are re-hired by the phoenixed company.

The impact of phoenix activity on employees' superannuation was included as a sensitivity test as the GEERS data does not include superannuation. However, it is important to note that the impact of phoenix activity on superannuation can have significant ramifications. In the paper Combating the Phoenix Phenomenon: An Analysis of International Approach, the extent of the impact is described:

"it is possible for an employee to work in the same factory, with the same machinery, for the same management, in ostensibly the same business, over the course of the employee's working life, with no immediate realisation that the business has been perpetually phoenixed... Essentially the employee appears to be in continuous employment. However the employee's superannuation benefits will be significantly reduced as a result."

Many employees of phoenix companies would not have worked for the company long enough to have accrued long services leave (as often the company will not have been operating for that long). However, when the business is liquidated and if the employee is re-hired by the new company, the new entity will not recognise this long service leave. 


Related Discussions:- Impact of phoenix activity on employ superannuation

Differences between registered companies and partnerships, Differences betw...

Differences between registered companies and partnerships: The basic differences between registered companies and partnerships are as follows: (a) Formation Registration

Classification of precedent, Classification of Precedent So as a prece...

Classification of Precedent So as a precedent may also be classified as like; An original precedent whether it is one that creates and applies a new legal rule; o

Preferential debts, PREFERENTIAL DEBTS: These unsecured debts which ra...

PREFERENTIAL DEBTS: These unsecured debts which rank ahead of a floating charge and non-preferential debts are: (a) one year's taxes, i.e. corporation tax, PAYE income tax de

State article 29 of international law, State Article 29 of international la...

State Article 29 of international law Article 29 states that a member of a diplomatic mission enjoys immunity from arrest or prosecution.

Increasing the risk rating of building and construction, Q. Increasing the ...

Q. Increasing the risk rating of building and construction? Stakeholders indicated that there is a significant risk of phoenix activity in the building and construction industr

Appointment of arbitrators, Appointment of Arbitrators However under s...

Appointment of Arbitrators However under sec 12(1) the parties are free just for agree on the procedure of appointing arbitrators. Therefore under sec 31(1) the parties are

Resolution to wind up voluntarily, Resolution to Wind Up Voluntarily: ...

Resolution to Wind Up Voluntarily:  The type of resolution to be passed varies with the circumstances of the case, as provided in s.271(1): (a) If the articles provide for

Adequacy of consideration - law of contract, Adequacy of consideration - La...

Adequacy of consideration - Law of Contract Well provided that consideration is sufficient, or actual it necessitate not be adequate.  Hence the court will not compare the val

State montevideo convention, State Montevideo Convention Montevideo C...

State Montevideo Convention Montevideo Convention states : "The political existence of the state is independent of recognition by other States. Even before recognition the st

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd