PDA

View Full Version : employer appoint to a position not applied for



TDSP7
29-08-2012, 05:15 PM
Hi
I have been working for my current employer for 8 year Perm FT. Our employer has redone our job descriptions (which have changed a fair bit) and will advertise our roles in the paper and online. We have been advised to apply for our role or another role. I have no intention of applying as I feel dip and cheated within the company after 8 years. I want to know if I don't apply can the employer appoint me in a role that he feels I have the skills and qualifications in even though I don't want to stay working there any more? Would this mean a redundancy??
We have been informed if we do apply and are unsuccessful we will be paid a redundancy or if we don't apply and not appointed then we will receive a redundancy BUT can they force you into a role???:confused:

Sonya P
01-09-2012, 04:37 PM
can they force you into a role???:confused:

If the job is completely different to the job you accepted and have been doing, then the answer is No, they cannot force you to accept a different job.

They may be obliged to offer redeployment in a different role, but I believe you would still have the option of being made redundant.

A quick call to the FWA would probably give you a definite answer.

Frankly I can't understand why organisations take this approach, it's guaranteed to offend almost everyone!

TDSP7
01-09-2012, 06:25 PM
Hi SonyaP
Thank you for your advice. Since posting this question I have seek legal advice and have continued to take further action. I had a bad feeling what they were doing was wrong and have new taken this further. Once again thank you. I guess I have to be ready now to be unemployed.

NicoleAnita
02-09-2012, 09:10 AM
Hi SonyaP
Thank you for your advice. Since posting this question I have seek legal advice and have continued to take further action. I had a bad feeling what they were doing was wrong and have new taken this further. Once again thank you. I guess I have to be ready now to be unemployed.

Hi

I completely agree with SonyaP. Unfortunately these things are becoming very common mainly (but not all) due to mergers, new MD/CEO or downsizing and as SonyaP says it does offend and will eventually give the company not only a bad name but those left standing will have absolutely no confidence left for their employer and you can almost certainly expect a mass Exodus!

Tiger
03-09-2012, 09:40 AM
In these increasingly difficult global economic climes, more organization look at restructures to reinvigorate themselves. So what is happening at your company is not at all unusual.
I spent three years working with a major manufacturer where a total restructure of the business took place, all jobs were thrown open, all then incumbents were advised to apply for as many of the new roles as they felt their skills were suited and the 'selection' process took about six months (interviews with panels of up to four followed targetted selection and took up to 2 hrs, testing etc - it was a thorough process). The plant owner reduced employee numbers by several thousand BUT as they moved to outsource a number of operatations like maintenance etc

With less positions remaining than before due to a flatter hierarchy, obviously there were people who did not make it but redundancies and outplacement were offered and many were able to move on to do similar work to what they'd done previously with the outsourced providers.

Such a scenario could be one possible driver for what is happening in your organization now. But you can't be 'forced' to do a job for which you do not have the skillset. Keep in mind however that if offered a job for which you do have the skillset and you decline it, you might very well void your right to a redundancy but that would depend on what your company's policy is surrounding redundancy.

My advice is that these kinds of changes are here to stay and likely to increase and if we stick our heads in the sand and get our knickers in a knot over it, we are not doing ourselves any good. Get your advice by all means but also try and remain open to what is on offer there and cooperate with the company. You might well come out of this with something better. It could also be a good time to consider increasing your skillset, doing other courses etc and often these milestones become a catalyst to go and do something quite different - something you always wanted to do but didn't.

TDSP7
06-09-2012, 06:33 PM
Thank you again all for your advise. I have considered what is on offer and I have seek legal advise. I am actually now OK with the whole process and am looking forward to the restructure if I am successful or looking forward to change in work place if unsuccessful.
At the time I just thought it was unfair have come to terms with what is happening within the business.
Thanks all