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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42664
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Can my employer force me to train in another role thats not

Customer Question

Hi, can my employer force me to train in another role thats not on my employment contract. I dont want to do new this role as I dont like the work but am extremely happy in the role I was employed to do & have worked for the company for 13 years in the role I was employed to do on my contract / work agreement. Its not a registered work agreement. Thanks
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 your job no longer exists they can redeploy you.

This is in lieu of redundancy.

Customer: replied 1 year ago.
Hi Leon, i am not being made redundant. My job is secure but my employer wants me to cross train in another role that I have no interest in.
Expert:  Leon replied 1 year ago.

Good Evening

If you are an employee then you have to follow all reasonable directions. If you are a contractor and have a contract then they cannot do this without your consent and if they do then they are in breach and you can sue.

What is the reason for the change?

Customer: replied 1 year ago.
Thanks Leon, I really appreciate your advice. I am just an employee not a contractor. I work for a removals company that moves people overseas. The manager wants to have the 3 international staff (I am one of the 3) in the international department trained in both imports & exports procedures so they can cover both positions. Previously there has been one imports staff, one exports staff & one that can do both to share the workload & cover for annual or sick leave in either department. To me its unreasonable to ask me to train in another role as I was employed as an exports co ordinator. I am concerned that I will be expected to do both roles at the same time for extended periods & have an increased workload. This has made me really stressed over having to train in another role as an imports co ordinator. The stress has been giving me migraines & stress headaches &I have had some sick leave as a result. I have tried to discuss my concerns with the branch manager but he insists that I need to be trained in both roles. No additional money has been offfered to me for the additional skills. kind regards, wendy
Expert:  Leon replied 1 year ago.

Good Morning

If you believe it is unreasonable then you can have the matter taken to the Fair Work Ombudsman.

In relation to the workload they have to comply with the Award or agreement they cannot ask you to do what is not possible or legal.

I suspect, from what you are saying they are planning to restructure in the future.

You can take the matter the Fair Work and if you have a union and you are a member then you should have them take this up for you.

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

You are very welcome and 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.
Many Thanks Leon, you have been very helpful. I now feel that i know where I stand & have some options. I will definately leave some feedback. Thanks again.
Customer: replied 1 year ago.
Hi Leon, The ratings field wont allow me to select a rating for you. its not active. kind regards, wendy
Expert:  Leon replied 1 year ago.

Try this time

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