Changes in Role

[Cottoneyes]

I've a query around the following situation:

A firm of 500+ employees changes one particular role within the organisation signicantly, but does not remove the employee from the role by way of a redundancy package. The position is changed to such an extent the employee no longer feels this is a role they would have taken when they applied for the role 12 months prior. The original role was one involving management decision, and the role was change to become more of a processing role with no decision making. The employee had no performance management issues, and feels that the change has severely limited their career. The remuneration conditions remain the same, however future increases will be limited to bring the remuneration in line with the new perceived role.

If the employee resigns, are they able to take any form of action against the organisation for unfair dismissal due to the vast change in the role?

[Qld IR Consultant]

Sounds like constructive dismissal to me. Can you be more specific? Is there any workplace agreement in place? Applicable policies?

Short answer with what you have posted is yes they can go for unfair dismissal and yes there has been successful cases in the past.....

[Cottoneyes]

Thanks for the reply,

No workplace agreement in place other than the employment contract. I'm considered above award in remuneration so for the most part the award doesn't come into it in this case.

In a nutshell, I was brought into the Australian arm of this multinational company to bring the rem and benefits knowledge to set up the rem and benefit policies and get the payroll working correctly again. My role initially was developing the policy, providing advice to the HR team, assisting the HR team with tasks, being an integral part of the grading committee, setting up grading reviews, salary reviews etc. There was even talk the role would lead to overseaing the Asia region for remuneration. Most of this is included in the position description which I feel any case would hinge on.

The HR team is one that really gives the entire industry a very bad name. They didn't like the idea of policies being in place and open-ness in general. They prefer to make decisions on what gets included in termination payments based on 'how the person was liked'. It's common practice for general employees who have been with the company 10+ years to be expected to train new employees getting hired for $10K+ more than they are currently getting paid for the same roles. Overall it is a big mess, there is alot of closed door discussions occuring and employee engagement continues to fall.

My role now is limited to processing the payroll. I'm no longer asked for advice, no longer included in the grading committee and no longer it seems included in the annual salary reviews. Quite often I am instructed now on what to do for situations that 12 months ago were my decisions to make.

I'm pretty close to accepting a new role and will be out of here soon, so not too concerned (and normally am not a fan of taking action - prefer to just get on with it) other than I'm thinking it might be best to put in a claim to highlight the bad practices of the HR team here to the senior management who seem blissfully unaware of what is going on. Not all is lost though, it's motivated me in a big way to finish my degree.

[Qld IR Consultant]

Cottoneyes, if you've decided to move on then I suggest any complaint is futile and will only add to your stress level. On to bigger and better things....

I would comment however that in my previous life as a trade union official I would have had a field day with your case....

[Neil_Hanks]

Cottoneyes, I'd say you have made some career limiting moves since starting with this employer by pressing the wrong buttons which has effectively led to your demotion. Looks like another example of poor cultural fit. Happens all the time where I work.

[michaelakassar]

Hi Cottoneyes,

Perhaps going to the media and naming/shaming your employer without revealing your identity might also be good. I think it's time that the legitimate HR and management practitioners took a hard line against the typical, bully based corporate world. How about a Bad Employers Register. It would make job searching quicker, as you would be able to pull up a list and avoid those organisations. A similar principle could be applied to conservative, ruthless, or bully type bosses/executives. Finally, let's recognise and name the great people and employers in the same manner.

Hope things work out for you.



Cheers
Michaela

[Cottoneyes]

Hi Michaela,

I totally agree, if it wasn't for the fact alot of good friends employed by this company would directly suffer, I would consider it.
I've thought for a while HR needs an industry body a bit like AHRI, but that instead of just letting anyone join, they have standards and can strike people off the listing similar to the medical profession does for misconduct. Combine this with a new 'employer of choice' standard that a company needs to meet to be able to use it in recruitment, instead of just bandying about with no real meaning, and the industry might start to get some respect it badly needs on alot of fronts.

[Moz]

Originally Posted by Cottoneyes

I've thought for a while HR needs an industry body a bit like AHRI, but that instead of just letting anyone join, they have standards and can strike people off the listing similar to the medical profession does for misconduct.

I don't see how would this have prevented your situation. Besides, what you are suggesting is not practical and could be high discriminatory given the current status quo where no specific qualifications are required to work in HR.

Furthermore, even those professions which do have regulatory bodies, rarely strike people off and tend to do so only for systematic and serious gross misconduct. So a single case of constructive dismissal would barely warrant a slap on the wrist.

Taking an employer to court and winning a constructive dismissal case would probably be far more effective, but it could also impact on your future career options.

[Greg Schmidt]

Cottoneyes,

Referring back to your first two posts on this topic, it appears that you'd be better off with another employer - but I don't know that it would be worthwhile (or even successful) to launch an Unfair Dismissal claim.

Section 386 of the Fair Work Act provides the definition of "dismissed". It allows that dismissal includes an employee who resigns "but was forced to do so because of conduct, or a course of conduct,engaged in by his or her employer". Your employer's conduct has clearly made you unhappy enough to look for other employment - but you didn't feel that you had to immediately resign. It's therefore debatable whether you could make the case that this conduct amounts to constructive dismissal.

Section 386 also indirectly hints that demotion might count as a dismissal, but it specifically states that demotion is NOT a dismissal if "the demotion does not involve a significant reduction in his or her remuneration or duties". Your posts suggest that your remuneration has not been reduced (but your remuneration might - comparatively - be reduced in the future) and your duties have been changed/reduced. This raises a question of interpretation of just how significant the changes in your duties are, and whether FWA would even accept that you have been demoted, let alone dismissed by demotion.

My suggestion would be to simply line up a new job with a better employer, and leave on your own terms.

[ER-Enthusiast]

I agree with Greg, you have to remember lodging a claim for unfair dismissal is then out in the open for any future employers to come across.

You could always try and discuss with your current employer these issues and your intentions to take them for unfair dismissal however let them no you will sign a non disclosure for x amount of weeks in lieu of notice.