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I informed my employer in October that my child had ASD. I…

Customer Question
Hello Pearl, I informed...

Hello Pearl, I informed my employer in October that my child had ASD. I asked if I could apply for other roles in the organisation should they materialise. 3 weeks later the person whom I spoke with informed me that they were restructing my department and I would be moved into another role at a reduced salary (27.5% deduction). Is that grounds for redundancy?

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

Queensland

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

Full time. Been in employment with the same organisation for 9 years

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

No - just redundancy or adverse action

Submitted: 8 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/27/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,543
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 8 months ago

This action is not just and will be subject to your employment agreement.

does the employment agreement have a clause that permits your employer to change your role and salary ?

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Customer reply replied 8 months ago
Hello John
Solicitor: John Melis, Lawyer replied 8 months ago

yes ?

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Customer reply replied 8 months ago
There is a clause about salary but does not specify salary reduction
Solicitor: John Melis, Lawyer replied 8 months ago

then in this case hey cannot reduce your salary, without your formal agreement, which you may reject.

the action by the employer is a form of bullying conduct.

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 8 months ago
just wanted a sense of my rights. They have already replaced my role and I would need to report to that person. Can I seek redundancy?
Solicitor: John Melis, Lawyer replied 8 months ago

you may ask for redundancy, but that will be at the discretion of the employer and subject to the terms of your employment agreement.

you do have legal rights where you have not agreed on and been properly advised in relation to the position change.

what action would you like to take?

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Customer reply replied 8 months ago
I would like to leave the organisation but with some form of payment?
Solicitor: John Melis, Lawyer replied 8 months ago

in this circumstance you will need to negotiate a settlement with the employer.

would you like to discuss how to do that on the telephone ?

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Customer reply replied 8 months ago
might be best for me to meet someone in Brisbane to work through the specifics. I just wanted a general sense of if I had rights. Also I had advised my employer in the weeks leading up to the action that my daughter had autism.
Solicitor: John Melis, Lawyer replied 8 months ago

ok.

have i answered your important question today ?

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Customer reply replied 8 months ago
How should I have been advised of the position change? The message was delivered during a scheduled regular meeting. No consultation. I was simply told of the revised terms
Customer reply replied 8 months ago
Remuneration clause reads - we may review your remuneration from time to time and in line with our policies and practises. We are under no obligation to increase your remuneration.
Customer reply replied 8 months ago
Assume that means they can't reduce salary without consent
Solicitor: John Melis, Lawyer replied 8 months ago

They should have held a meeting with you explaining the changes that were occurring and if your employment contract was silent on such change made an offer to you, which you could reject on the same.

there are many factors involved.

would you like to discuss those on the phone ?

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Customer reply replied 8 months ago
I need to pick the kids up from
School now. Maybe schedule a time for later?
Solicitor: John Melis, Lawyer replied 8 months ago

whenever you are ready, just accept the offer above and I can call you.

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