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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5367
Experience:  Dip Law LPAB - Sydney based lawyer
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Got a promotion at work which involves me going in 20

Customer Question

Got a promotion at work which involves me going in 20 minutes earlier every day and running shift when boss is a way as well as picking up work car on days off. I didn't get a new contract outlining my new expectations or pay how ever I did receive a pay rise .Under my initial contract nun off these new terms are outlined, others in my position have received new contracts in the past. Thinking about seeing hr about my concerns do I have any legal grounds to make them change my contract . Thanks
Submitted: 6 months ago.
Category: Australia Law
Expert:  Patrick H. replied 6 months ago.

Hello and thank you for your question.

Have the new arrangements been recorded in any way, such as in an email from your boss or similar?

Are there any other significant changes to your work terms and obligations?

Customer: replied 6 months ago.
No arrangments recorded basically i run shift when hes away and are responsible for safety of people and plan exacution.
Expert:  Patrick H. replied 6 months ago.

I would suggest you write to the boss confirming the new arrangements by setting them out in your email as you understand them and then suggest that it might be prudent to put the changes into a new formalised contract. That way, even if no formal contract is forthcoming there will be a record of the changes and unless the boss denies them promptly then your email will at least provide prima face evidence confirming the details of your promotion. Your email, coupled with financial evidence of your newly increased pay ought to convince a court or tribunal that the promotion was in fact real even if never formalised with a contract, should it become an issue in the future.

The email might be worded along the lines of:

" I note that the terms of my recent promotion have not yet been formalised in a new contract, and in the meantime just to ensure the new terms and your expectations I confirm the new arrangements as follows: (set out the new pay, obligations, etc as per what you were previously advised."

This should prompt the boss to arrange a formal contract but if not, at least you will have evidence of what the new arrangement was should it later be relevant to legal action or working out your entitlements to superannuation, redundancy, etc.

I trust the above assists.

Good luck and please rate my answer.

Patrick