Ask an Australia Law Question, Get an Answer ASAP!
Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
I am still technically employed with the same job title "Manager, People" on the same salary. However, when I commenced my role was as an HR Manager with a team of 9 individuals reporting directly to the Plant Manager in Victoria.
Currently I have 3 employees (2 of which will report elsewhere by year end) leaving me with 1 person.
They have also changed my reporting line to a former peer level position with the same job title. The position I report to is currently held by an Acting HR Manager who works p/t and resides in NSW. They are currently recruiting for her replacement.
Essentially in her organisational structure I am now at the same level with the same delegated authorities as her HR Advisor level positions.
So whilst they have not changed my job title, they have substantively altered what I do and don't have the authority to do, have removed 90% of my resources and have done so without conversation with me about the impact of these changes.
Even when the restructure of my team was taking place, I put to my then manager and to the GM of HR that they should remove my position (and me) and leave the existing 2 x HR Advisor positions in place if they wanted HR Advisors instead of an HR Manager. There was no response to this verbal conversation, nor subsequent e-mail.
My issue is that they continue to alter the position I took on originally without any consultation, and whilst they don't change my job title or salary, they have fundamentally altered the role they employed me to do.
Is that legal? What if any, options do I have? As an HR Manager myself I would advise my business that by making these substantive changes they've effectively demoted me and they should have offered me a redundancy. However I know that HR professionals don't have the same protections under the law as other industries and I earn $200K per annum so have no protection at FWC. I'm just wondering if there is anything else I can do?
I would argue the tasks are very different - they now include all the tasks my former team completed and I don't have the delegated authority to even sign off paperwork like I did in my former role. Essentially I'm doing the tasks my former direct reports completed. Is that still not considered a substantive change to my position?
No thank you.
FYI - I tried 2 of the websites you provided, one was for members only (Workplace Info) and the other could not be located (Blandslaw).
I could only access the Mondaq article.
HR professionals as I understand it are the only industry that are not covered by a modern award, is that true?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).