Results 1 to 2 of 2
  1. #1
    Join Date
    Dec 2015
    Posts
    1

    Default Change in terms and conditions of employment

    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?

  2. #2
    Join Date
    Jul 2007
    Location
    Canberra
    Posts
    54

    Default

    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

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
APS4 - APS6 Recruitment Advisors - Canberra CBD
Posted on 28 Mar 2024 at 12:54pm

P&C Advisor - Melbourne
Posted on 28 Mar 2024 at 4:30am

HR Business Partner - ER - Hills District
Posted on 28 Mar 2024 at 2:22am

VPS5 Senior People Partner - Melbourne
Posted on 27 Mar 2024 at 11:21pm

VPS5 Senior TA Partner - Contract - Melbourne
Posted on 27 Mar 2024 at 11:20pm

RD Writer - Contract - Sydney
Posted on 27 Mar 2024 at 11:20pm

VPS4 HR Business Partner - Contract - Melbourne
Posted on 27 Mar 2024 at 11:16pm

Rostering Officer - Contract - Baulkham Hills
Posted on 27 Mar 2024 at 2:52pm

Workplace Relations Advisor - North Sydney
Posted on 27 Mar 2024 at 4:05am

A06 HR Business Partner - Contract - Brisbane
Posted on 26 Mar 2024 at 11:05am

HR Advisor - Perth
Posted on 26 Mar 2024 at 1:50pm

Employee Relations Manager - Sydney
Posted on 26 Mar 2024 at 1:56am

HR Business Partner - Contract - Perth
Posted on 25 Mar 2024 at 8:31am

HR Manager (Part-Time) - Permanent - Footscray
Posted on 25 Mar 2024 at 8:29am

HR Advisor - Sunshine Coast
Posted on 24 Mar 2024 at 9:48pm


 

Powered by vBadvanced CMPS v4.2.1