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The company I am working for are reducing my hours by 20%

The company I am...

The company I am working for are reducing my hours by 20% and slightly changing the job description. I have been told that the fact that they are reducing my hours means that my job is no longer the same so I should be offered a redundancy, is this true?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I have with my manager and she with HR and they say as the job is much the same but less hours, no redundancy

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

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Answered in 2 minutes by:
3/27/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,702
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon,

are you employed as a full-time or a casual employee?

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Customer reply replied 3 months ago
permanent part time

Good Afternoon,

do you know whether you are under an award, or if you have a and employment agreement does it set a minimum number of hours of work per week?

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Customer reply replied 3 months ago
we have an employment agreement

Does it say what your hours will be?

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Customer reply replied 3 months ago
no, it not specific to any employee, it is a general for all

Good Afternoon,

but surely you have an agreement about how many hours you would work a week if not been how can you say they are going to reduce you by 20%.

Further by changing the job description are they saying that your job no longer exist?

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Customer reply replied 3 months ago
I have been doing 52.50hrs per fortnight for the last several years, now they want to reduce them to 42hrs.

Good Afternoon,

what are your hours guaranteed?

If you're out of the guarantee then they cannot change them without your consent.

The fact that you have only been doing the same hours every fortnight or evidence of the agreement you have. Unless you agree to a reduction your employer is not going to be able to change your contract.

Having said this, the agreement that you are working under is also very important. If it says that a part-time employee can work to 52.50 hours per fortnight then it is clear that the hours can be reduced.

the agreement is very important and if you can email it to me or advise me of what the clause about the hours of work says I can then provide you with more detailed information.

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Customer reply replied 3 months ago
I would prefer a redundancy, but they are saying that I do not qualify be cause the job is mostly the same. My current job description is "Emergency Response Attendant" the new one as of 1 July 2018 will be "Emergency Response Attendant & General Services" with a few more tasks added and some subtracted. Like you said by changing the job description my current job no longer exist therefore should I not be offered a redundancy?

Good Afternoon,

An employer does not have to make you redundant but they can redeploy you.

This means putting you in a position that they have.

If you wish to dispute the redeployment you are going to have to show that it is unreasonable.

Following link is detailed on the act and it makes it very clear that an employer in lieu on making an employee redundant can redeploy them.

https://workplaceinfo.com.au/termination/redundancy/analysis/redeployment-and-redundancy-what-are-the-issues#.Wrm5gdNubfA

If you can show that it is unreasonable what they are asking you to do, then the fair work ombudsman will make an order in your favour and as the job no longer existed then they will have to make you redundant.

This is not going to be a cheap exercise, and if you are a member of the union I suggest that you contact them as they will provide you with free legal support to run the matter.

If you are not a member of the union then you will need to employ an independent solicitor and obtain more detailed advice based on all the information you have from your employer and have them run this with the ombudsman.

What your employer has done is allowed under the law.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,702
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 3 months ago
Understood, thanks Leon
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