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sunday
29-05-2013, 05:57 PM
Hi all

I would like your thoughts on this. An employee has been advised that she has been paid at the wrong level. She is currently a level 4 and has been working as a level 5 since the start of her contract, a few years ago. She was employed as a level 4 in the first instance. Her supervisor has informed her that she has always fulfilled the role of a level 5 and should be paid accordingly and have her level increased. The manager has decided that he doesn't want to increase her level and wants to remove from her the tasks that would be deemed a level 5 and that she is to stay as a level 4.

What do you feel are the employees rights with this scenario? Is this breaching a verbal contract?

Thank you in advance

Qld IR Consultant
30-05-2013, 07:09 AM
If she can clearly display with evidence that she has been performing tasks at a higher level and for a substantive period of time without correct remuneration then yes she would be within her right to contest it. And depending on the evidence she has she could win it....any removal of duties at this point will just play into her hands because she has already approached the subject. It will simply display the manager is attempting to restrict her ability to seek backpay and cover their own back.....I would tread carefully, particularly if the site has union involvement, or the employee is quite happy to run a case through FWO to get what she is entitled to.

Renda
30-05-2013, 10:13 AM
You have in your title verbal contract, in the eyes of the law verbal or written can hold the same weight although written strengthen the case. If the employee was initially hired at level 4 and no discussions were made to formally increase the level, unfortunately they may be bound to this even though they were performing 'higher level 5 duties'. It is quite common in the workplace that employees are stretched to fulfill more duties as per their original job description or employment contract outline and often the company can they can get away with this by the 'associated duties' clause (as long as the duties were not completely/dramatically different which is illegal without prior consent or communication with the employee). I would strongly advise on turning this situation into a positive rather than a negative outcome (by contesting the status and being stripped of more challenging and suitable skill sets to match their ability). Perhaps discussing this situation with HR or asking for an appraisal and listing/acknowledging all of the achievements to evidence the individual has talent, initiative and a skills to progress in their development within the organisation. As QLD IR mentioned above they may be in their right to contest it, but is it worth creating a potetially damaging ER situation especially if it is a unionised environment.

samfordtemp
16-07-2013, 06:46 PM
You need to pay her. Simple. The company has benefited from her hard work. Be fair. The manager seems to be suggesting a demotion. Good luck - that could cause all sorts of problems. Are the supervisor and manager the same person?