acting up - fixed term secondment

[acting_up]

Hello,

This question might be a bit complicated... appreciate anyone who can hang in there and help me understand my options.

I have been with a company for 7 years (5 continuous as I resigned twice to travel in the first 2 years but returned), my previous (substantive) role was as the manager of my unit, we also had a director. The director was seconded to a new work area and I was asked to act up in the director's role on a 12 month fixed term contract (which ends next March). My manager's position was not backfilled, so I really absorbed both roles.

Now we are going through a restructure and my belief is that the director's role which I am currently performing (on a fixed term contract) is going to be made redundant, with the intention of returning me to my substantive manager's position (which was never filled - but is my substantive role).

So... I am wondering if I am obliged to return to my substantive role in this context? Or could I expect to be presented with a choice of either returning to my substantive position on considerably less pay, or taking a redundancy package? The terms of my fixed term contract is that it may be terminated be either party with 4 weeks notice, and this is the same clause in my permanent (substantive, but not really existent anymore position) contract.

Thanks for your help!

acting_up

[Tiger]

Possibly? If your previous role is still there after this restructure and whether the intention was that you would return to it. That does appear to be in contradiction with the notice clause in your fixed term contract however? You will have to get this area clarified and I suggest trying talking to your employer in a frank and open manner about this. Remember, redundancy is about the job not the individual. As I see it if both (your previous and current fixed term job) are being eliminated in this restructure, then as the incumbent, you would likely be retrenched if another similar role is not available to you.

Also worth pointing out is that you may well not have a full seven yrs of continuous service with your employer as you write you resigned in the early years. Depending on the State you worked, continuous service is broken where there is a specified gap prior to re-employment (in NSW it is 2 months, Victoria it is 3 months), after a resignation. This would effect both any pro rata LSL and the amount of severance you might receive if your job was made redundant.
Tiger