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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have worked as a casual early childhood teacher years with

Customer Question

Hi. I have worked as a casual early childhood teacher for 10 years with an agency and work at different centres in my city. I have been advised by my agency that one child care centre has sent an email to my employer (the agency) stating I am not allowed on the premises of one centre ever again. I did nothing wrong or different at this centre. I have an approved working with children check. The agency are refusing to tell me what is in the email. What rights do I have to know what is the problem? Thank you
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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.

If it affects your ability to be employed then you can seek an order from the court.
Because you do not have a contract with the child care centre the letter is to the agency and it is between them.

You can only get access with a court order.

If the actions of the centre have caused you to not be given work then it can be defamation and you can threaten to sue.

Customer: replied 1 year ago.
The agency used to offer me 5 shifts a week (35 hours approx) and now they only offer me 2 shifts a week (14 hours approx).
Expert:  Leon replied 1 year ago.

Good Evening

Well you may have to consider taking the matter to the Fair Work Ombudsman.

But there are no guarantees. The agency should be finding you work to cover the shortfall

Customer: replied 1 year ago.
The agency are not finding me work because of this email from one child care centre. Their attitude to me has changed since this email from this one particular child care centre which I have been to before on at least 4 occasions. When I phone my consultant I am told on every occasion 'she is in a meeting' and will call you tomorrow. However she never calls me back.
Expert:  Leon replied 1 year ago.

Good Evening

If the contents of the email are false it is defamation and you can sue the child care centre.

You make an appointment with the agency and go to see them.
If your agreement sets the hours they will give you as work and they are not meeting that then they have breached the agreement.

Customer: replied 1 year ago.
There is no agreement regarding hours. It is just casual work but all child care centres are short staffed or even desperate for staff and we all get lots of hours as a casual. Also I am 66 years of age, very fit, active, healthy and slim and can physically do the work just the same as someone young. As I left this particular child care centre in question (I was told to leave after 3 hours) a different woman on the reception desk said to the other receptionist, 'So that's what she looks like'.
Expert:  Leon replied 1 year ago.

Good Afternoon

It may be discrimination because of your age.

I suggest you take the matter to the Fair Work Ombudsman or the anti discrimination board.

This is the best I can offer you.

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