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Can you be unfairly demoted because of a restructure, W A…

Customer Question
Can you be unfairly...

Can you be unfairly demoted because of a restructure

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

W A Broome Shire

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Yes agreement full time and with asu union they don't do much

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I been there for 13 years and been the supervisor role for 2.half years and they have offerd 3 positions which are at the lowest end duties such as picking up rubbish

Submitted: 9 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/16/2017
Solicitor: Leon, Solicitor replied 9 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,573
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 9 months ago

Good Afternoon

I am sorry to give you information that you will not like.

It is called redeployment provided it is reasonable. It is an alternative to redundancy.

The following link will give you what the law says that give them the right to do this.

https://workplaceinfo.com.au/termination/redundancy/analysis/redeployment-and-redundancy-what-are-the-issues#.WbzGSNMjHdQ

If it is not reasonable then you should have been made redundancy.

This is an issue the Fair Work Ombudsman would decide and each case is based on its own merits.

I think from being a supervisor to collecting rubbish would not be reasonable.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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

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Customer reply replied 9 months ago
hi leon and thanks the problems are leon is that i am at the moment are the street scapes supervisor my parks & gardens cordinater 24 years of service never had written warning great boss anyway 1 year ago was stood down when new management started there was rumour going around at shire depot that this new mansgers are going to get rid of the longterm cordi and supervisor and bring in new . we have an outside enterprize barganing agreement 3 years left on it this award includes all employees and supervisors and cord superv he went to our union 20 years member no help so got a lawyer like you leon .3 weeks ago court date set but in te mean time they hired one the workers who had been no longer than 6months who was hired by the manager that are going to sack everyone this no qualifacation his background is a plumber which he can't do no more ?? we find out that he is good mates this manager thats why he was hired so 2days before the court case the shire pulls out of the case amitting that not enough eveidence drop the 2 charges and reinstate him for 4th of sep he is still not back . now leon read this 3 weeks before the court case one of the managers that was going to sack evryone change the world was drinking with the ouside social club members there was three them he intoxicated start mouthing off saying that there is a restucture coming and robbo (me) no more cookie another worker i;m going punch his head in and marcel she but a slut so we got told this and got the 3 guys that were there and went straight to the ceo at first he thought it's a joke but we told if you don't help we're going to the police so he started to lesson he ask why did'nt we go HR or The Dierecter of engineering we said that we don't trust them and they are conected leon there's alot more bad shit these guys have done so the ceo had to get exsternal advice and they had to sack the 6 foot five intiminating sicopath compulsive lier so a week later he's mate quits right but they still going with the restucture he tells them on a moday thet he is quiting but tuesday they calls both for a meeting his at 3pm mine at 330 pm they tell me about the restructure this what is and out of everyone there my role is the only one that's getting fuk maybe because im the only union member left in managers role or i'm good mates with they did'nt tell that acting cord had resign and gave 2 weeks notice so in his first week they hire or offer this worker non member( union) been ther just on 1 year no Qualification again and just yesterday they pulled out structure and yes my role is not no few other people were moved around not happy the parks & gardens side is were i from has from a cordnater role st scapes supervisor rloe to one senior role called a oveersers role so my spots gone and the previous role is no more whih is parks and gardens T L of Construction which maitian all playgrounds inferstructure capital work jobs and so on that got move to the works side as concreting team realy they already hav a maitance crew it just feels like they trying to fuk me i been ther 13 years they sack 2 more supervisors and in the last year the shire has lost 8 unfair dismisals need your help the asu dont help our hr dont help been to fair work they only give advice on for misconduct disimpenary reson no help or advice for doing nothing please leon my spelling not good i hope you understand it but thers alot nasty shit going and it's geting realy personal now thaks leon help us
Solicitor: Leon, Solicitor replied 9 months ago

Good Morning

I am not sure what you are asking now.

Redeployment applies when the employer is restructuring.

If they are not restructuring then it is not a redeployment.
To redeploy you, if they are restructuring does not mean you have done anything wrong it means that you job no longer exists.

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Customer reply replied 9 months ago
Did you read it this is what they are doing us they are restructure no one being sack I'm the only one that been offered a demotion to lower duties do I have to except this
Solicitor: Leon, Solicitor replied 9 months ago

I understand. As I said initially. If the demotion is not reasonable then it is not allowed and you do not have to accept it.

But you have to challenge them and take the matter to the Fair Work Ombudsman.

Here is another link that sets out what the Ombudsman looks at

https://www.cciq.com.au/news/fair-work-commission-provides-guidance-about-what-is-reasonable-redeployment/

It has to be reasonable if not then you have a right to be paid out if your current position does not exist. If it does they cannot demote you.

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