Change in terms and conditions of employment

[ValM]

I have been employed fulltime in my current position for the past 4 years, and the position has included a packaged vehicle. 2 months ago I had an informal discussion during supervision about the possibility of reducing my hours. Finding out that reducing hours to .8 would mean loss of the vehicle meant that I didn't pursue the possibility since I'm not in a position to be able to afford to both reduce my income and to purchase a vehicle. I received a letter from HR today telling me that my hours are to be .8 from 1 feb next year and that I will no longer be able to package a vehicle. I'm somewhat in shock about how this has come about and just what my rights are in this situation. No consultation, and worded as though it is responding to a request that I've made! Any thoughts about my rights in this situation and how I can respond?

[Greg Schmidt]

I'd suggest that you respond in writing to HR (with copy to your manager) indicating that you did not request a change in your working hours, and you do not agree to the change if it is an employer-initiated change. That may be enough to clarify the issue if someone has their wires crossed and the company somehow thinks that they are meeting your needs.

If your employer insists on reducing your hours without your consent, you may choose to view this as a dismissal from your full-time role, with an offer of less-favourable employment as a part-time employee (see s386 of the Fair Work Act). Tell your employer that you would fight a reduction in your hours through an Unfair Dismissal claim. (But any counselling or warnings that you have been given would be relevant here, as would any consultations that may have occurred about the company being under financial stress, etc)

As an aside, why would reduction in your hours necessarily mean that you can no longer be "able to package a vehicle". If the vehicle is provided as a "tool of trade" with the position, then fair enough - you might not need it to perform the modified role. But if the vehicle is an optional salary sacrifice then I would think that it could still be provided through the company if you can still afford the lease payments through your salary.

Greg