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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3411
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Can you advise what my rights are in relation to the following

Resolved Question:

Can you advise what my rights are in relation to the following and/or advise where I can access some guidance in relation to this.

Over the last few months the company I work for has been taken over. Since the takeover my role has changed considerably with the majority of the key roles and responsbilities no longer required. There has been no communication or consultation about these changes and I have limited tasks to complete. Those that I do have to complete are more junior and similar to those of a officer role which i worked in over 6 years ago before being promoted by the company. It appears my role has effectively become redundant. My manager has not offered me a revised role and continues to pay me at a manager level. I am not interested in the reduced role (irrespective of salary). What are my options/rights?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

In order to do this legally they must either:

1. Show that they are financially struggling

or

2. No need for your position.

Issue is that you are still on the same salary, you cannot (in the eyes of the court anyway) prove that you are suffering hardship. Thus, this is the issue.

Unfortunately there is little you can do at this point if they continue to pay you that amount.

Please accept.
Customer: replied 1 year ago.


I am a little confused. Are you saying that


 


- my company can effectively demote my role without any consultation and I have to accept this?


- that my role is only linked to my salary and that the fact that I have lost responsbilities and am effectively being forced from my job as I have nothing to do and it will affect my long term career prospects that I have nothing to do.


 


From other discussions, I understood that if my role changes by greater than 50% that I have grounds for my employer to have to either formally offer me an alterative role with clear job description or offer me redundancy.


 

Expert:  Daniel replied 1 year ago.
Hello

Sadly under the fair work rules they can, if they can prove that your paid the same or similar and have no hardship.

You can argue the points of the 50% yes, but having said that, they can still argue the salary is the same and there is no issue.

I would like to give better news, but sadly i undertake a lot of employment law matters in practice and this is how they are argued and how you lose.

Please accept.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3411
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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