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  1. #1
    Join Date
    Aug 2017
    Location
    Queensland
    Posts
    1

    Unhappy Position i've been acting in for 2 years has been made redundant

    I have been acting in a supervisory role for nearly 2 years on a lifestyle roster. On Thursday the company advised us of a restructuring
    of the department and informed myself and my counterpart that our positions had been made redundant. As i was only "acting" in the role i was informed that i would not be offered a redundancy package and they proceeded to revert me back to a lesser position than i was on originally.

    Before taking the acting role I was on a rotating shift roster with a generous shift allowance, my new shift hours are Mon - Fri with no shift allowance whatsoever.


    Do i have grounds to ask the company for a redundancy package due to the fact that i was "acting" in a role for nearly 2 years with no end date specified and they have made that position redundant?

  2. #2
    Join Date
    Sep 2013
    Location
    SA
    Posts
    14

    Default

    Will depend on what your contract states.

    Acting in a role does not guarantee your appointment to that position if there was no contracts stating the move to the higher position. The company is in a way correct in returning you to your substantive role as it must have decided that the 'Role' in which you had in no longer required to be done by anyone (a true indicator of redundancy).

    Now, if your contract is devoid on hours or days of work and it was an agreement to do a different roster and not your contracted roster, you may have a problem. If however, your contract sets the hours, days and rates paid, then there is a common law dispute and one you would need to consult an advisor or industrial lawyer on, as there may be a breach of contract.

    Again, then you run into the issue that the shift arrangements are no longer viable and that position is redundant if you do had a contract, then redundancy may also apply to the 'role' in which you are meant to for fill.

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