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I am an employee of the Victorian Education Department and…

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Hi I am an...

Hi I am an employee of the Victorian Education Department and have lost my job at the end of the year due to disability funding leaving the school. I haven't an issue with this because it happens as the children I work with move onto high school. I am employed as an E.S and have worked at the school for just under 7 years. My problem is not that the school is in deficit and needs to reduce staff or hours of staff to fit their budget but because I'm just finishing a 7 year contract I'm the person being moved on. I work with two other ES staff who are safe from this as they have an ongoing status. My issue is that after 17years in the Dept of Education the ongoing status for me has not happened and during this 17years in the ever changing agreements I have been entitled to this status many times but never been able to get it. The new agreement which was bought in by the union and commenced on the 22nd August this year has made many ES workers ongoing which has finally included myself but this still has made no difference to me being moved on. I have had to move from another school which I had been employed for 10 years prior to this school I'm at now and it's because my ongoing status had been avoided during those years. I was made to move as we merged with another school and the ES staff who came across had more current fixed term contracts than myself....so it was claimed!! I believe I should be given the same rights as the other ES Staff and for us to share the hours of funding or arrange to cut down days of our employment instead of me being the easy one to move on. I am very stressed at this situation because I only work 3 days which I combine with my carers pension as my son has a disability. I have also just turned 60 which is not the most employable age group. The union didn't help me at all last time I was in this predicament so I resigned but just recently joined again to see if they could help me with this current problem, but I have had no response. I'm wondering if there is any legal avenue I can go down as I believe my employers have not done the right thing by me in the 17 years I have worked for the Department. I'm hoping you can understand this as there are a lot of different parts of this dispute that I could go into along with what I've told you. Please let me know if there is anything I can do to help my situation. Thanks

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

Victoria

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

I'm pretty sure both

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

I dont think so at the moment that's probably enough thanks

Submitted: 4 months ago.Category: Australia Law
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Answered in 39 minutes by:
11/29/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,397
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 4 months ago

what does your employment contract state in regard to termination ?

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Customer reply replied 4 months ago
I'm not sure I don't have a termination part on my contract but a web site to access it. The termination is because of the funding and the school is in deficit which I understand but the fact that I dont have ongoing status after 17yrs is and therefore I wouldn't be terminated I would be entitled to an excess process with the other 2 ES workers.
Solicitor: John Melis, Lawyer replied 4 months ago

the employment contract would be important to review.

is there any chance you can obtain a copy as it will state your contract rights that you agreed too.

without the contract, based on what you said does make sense.

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Customer reply replied 4 months ago
there is no way I can fight the department for not making me 'ongoing' during those 17 years of employment even though I was entitled to it through many of the agreements.
Solicitor: John Melis, Lawyer replied 4 months ago

you may be able to raise a claim but it will be a challenge without knowing what was written in the employment agreement.

what you like to talk on the phone, i have extended a special offer to you if you prefer ?

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Customer reply replied 4 months ago
I can access the employment agreement and have also talked to the department's fair work to which they have replied there has been no breach in contract or law but my problem is the fact that I haven't been made ongoing when Ive been entitled to it and therefore if I was I couldn't be in this situation. I need to leave the house so can't continue this conversation. I hope this has only cost me the initial $5 as I've not got much advise to help me from this conversation.
Solicitor: John Melis, Lawyer replied 4 months ago

if we talk on the telephone we can go into more details on the mater.

your contract is key point.

as you have said you may be able to raise a claim at the Fair Work Commission as well .

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Customer reply replied 4 months ago
I have an appointment I cant ring now can that offer be extended for later?
Customer reply replied 4 months ago
I need to leave??
Solicitor: John Melis, Lawyer replied 4 months ago

yes you can call me later.

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Customer reply replied 4 months ago
do I just keep this open"?
Solicitor: John Melis, Lawyer replied 4 months ago

just select accept and you will see my numbers to call on when you are ready

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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