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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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My husband has just come home for his week off from his FIFO

Customer Question

My husband has just come home for his week off from his FIFO job. He was contacted by the HR department and advised that he was being transferred to a residential job 800klm away, not allowing FIFO. Over the last week 80 emplyees have been given redundancy packages through cut backs. He advised HR that he can not do this transfer and they advised that he must resign. Is there anything we can do about this?
Submitted: 4 years ago.
Category: Australia Law
Expert:  Patrick H. replied 4 years ago.
Sorry but I'm not sure what you mean by FIFO?
Customer: replied 4 years ago.

Fly in to work and Fly out to work, but in his instance he drives his personal car in to site and then home again

Expert:  Patrick H. replied 4 years ago.
Hello again,

Your husbands employment is governed by the terms of his contract and so if the contract specifically allows major changes to travel arrangements at the employers discretion then he may be obliged to comply.

However, absent such provision in his contract, his employer is only entitled to ask you husband to work at a different location if the travel requirements not being unreasonably more onerous.

What constitutes unreasonable is somewhat subjective, but if it seems unreasonable because of the additional time or expense imposed on your husband to comply, then likely it would be deemed so by a court, or the Fair Work Commission.

In that case, if his employer is no longer offering him work with a reasonable alternative his refusal will mean they are effectively dismissing him and they should be paying him his redundancy entitlements. If they refuse then he can take legal action to claim his entitlements.

I would strongly suggest that if he can't reach a satisfactory agreement with his employer that he contact the Fair Work Ombudsman to discuss his situation. The Ombudsman can intervene on his behalf and this may resolve the issue. Alternately, if the Ombudsman won't assist he should engage an employment lawyer to review his situation and employment contract in detail with a view to pursuing a claim against his employer.

I trust this assists.

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Thank you and good luck.

Expert:  Patrick H. replied 4 years ago.
I note that you have not rated my answer.

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