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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43480
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am hoping prelim advice. My boss was recently made

Customer Question

I am hoping for some prelim advice. My boss was recently made redundant. Our General Executive requested my peer take over his (my ex boss) responsibilities for an interim period until my ex boss' replacement starts in a few weeks. I was told that this would be interim only and that in no way does it change my role. In fact when I returned from leave last week I was told that a project I owned for the last 4 years would also revert to my peer. Again they told me that this does not in any way change my role. I argued that it did because it took away my title and credibility inside and outside of the organisation given my ownership of a project that was a significant aspect of my role over the last 4 years. I was not able to resolve and I am now on sick leave at home. It offended to learn about this change when I returned from leave.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I am sorry to hear about what has happened but an employer has a right to change your role if they wish but they cannot change your pay without your consent. If your role is not longer available then the position is redundant and they can make you redundant.

I assume you have nothing in writing from them and this is all verbal. If they are bullying you and pushing you to leave and you resign this is then an unfair dismissal.

It appears that you need a meeting with the CEO to get to the bottom of this and get some confirmation and something in writing about what your role is and security for your position.

If they will not have a meeting then you can take this to the Fair Work Ombudsman.

http://www.fairwork.gov.au/how-we-will-help/how-we-help-you/help-resolving-workplace-issues/working-with-you-to-resolve-workplace-issues

This is your only option.

But it appears that they are trying to force your resignation.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
It is, in my mind, grossly unfair to say to me your role is not changing, we expect you to continue doing what you are doing but without the title. As a project owner, I have access to and visibility to senior management. This has all been taken away from me now and following the verbal conversation I have had, now consider my future at the company as untenable. Given my specialisation, roles like this don't come up often so I am hesitant leaving, at least not without some security. Yes I appreciate a company can change your role to suit the needs of the business and it is common courtesy to discus this first. However this is not the issue. Can they effectively demote me but still expect I perform and contribute at the level I have been?
Expert:  Leon replied 1 year ago.

Good Afternoon,

The removal of the title is upsetting but that should not change your pay.

I would suggest that you start looking for alternative work and take them for mediation. It appears you have been demoted but they cannot change your pay.

They can demote you if the are restructuring it is knows and re-deployment.

Customer: replied 1 year ago.
can you please clarify your last sentence
Expert:  Leon replied 1 year ago.

Good Afternoon

Here is a link that explains re-deployment

http://workplaceinfo.com.au/resources/employment-topics-a-z/redeployment

This will explain what I mean by the last sentence.

Customer: replied 1 year ago.
Ok, thanks before i do that, are you saying they can re-deploy me as part of a restructure but they must inform me first?
Expert:  Leon replied 1 year ago.

Good Afternoon,

Yes that is correct. It is unfair but that is what the law says.

The link I sent you is very detailed.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon