Hi IMs hoping someone can help, I have tried looking this up and haven't found any clear answers.
I have been employed in the same role for 11 years. After 3 years full time I swapped to part time as it suited my life and the workplace better as they hired an assistant for me on a lot less to do the legwork and save paying me the large wage for easy work.
This has worked fantastically for 8years however we recently had a management change and the new manager has fired the assistant and basically said that if I can't get the work done part time then I need to be full time or find another job.
Is this legal? Do I have any rights as I've been working part time in this role for 8years with the agreement of having an assistant?
Can they now change my job description back to what it was 11 years ago?
5 Replies
What does your contract state and how long are you on a contract for? It's fair that they're asking your to complete tasks within a certain timeframe however it isn't morally right that they're telling you that as a consequence you'll have to be FT or move along. They can't just fire you, however if you aren't completing tasks within a timeframe they can give you written warnings or similar and move you along for failure to complete work.
I don't have a contract never have.
I am completing all the duties I've been doing for the last 8years within time frames without a problem.
It's the additional work of a full time assistant being fired and given to me which I can't complete
IF it came to them moving you along, it potentially could be unfair dismissal - have a read over this https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-s...
However as they have given you warning that if you cannot complete the extra tasks you will need to move to FT as opposed to PT and if you cannot do so I don't think you'd have a leg to stand on as they are looking at ways to resolve the issue without moving you along firstly.
Ultimately it's up to the company as to how they structure and run their business - however there are definitely strict regulations that they have comply with in order to make structural changes and how they must treat you and opportunities they have to provide you.
Definitely worth speaking to Fair Work for your specific circumstances. You can speak to them anonymously if you wish.
If it's a small employer (less than 15 employees) they can restructure and change the role to FT and if you say you can't go FT, they can basically get rid of you by saying that's all that they can offer you. It happened to me when I went on mat leave years ago, the organisation restructured and turned my FT role into PT but 2 days a week and I couldn't afford to only work 2 days a week so I had to leave.
You need to chat to Fair Work, I'm currently using them for a final pay dispute but I remember reading that I couldn't claim unfair dismissal because my previous role (not related to one above mentioned) had also less than 15 employees and basically I had no rights because I was only there for less than a year. Plus you have 21 days to lodge an unfair dismissal. Not that you're at that stage but it's worth remembering.