Return to work flexible working arrangements

**Natalie86** · 22-05-2012 21:46

I work in insurance - its not a huge company but it is quite profitable. Has between 100-200 staff. I have been with the company for 6 years!! The company only started 9 years ago! I am the first employee to resume my position after maternity leave! As I previously mentioned I worked my way up to team leader and worked my bum off! Now look where I am.. Being asked to resign! Thanks again for your responses.

**kw123** · 22-05-2012 21:48

Well they have made a big mistake there saying you have to resign... I would def get some legal advice on this.

Can you share what the whole letter says?

**VicPark** · 22-05-2012 22:22

Perhaps there was a misunderstanding and they thought you were going to quit? To be honest it sounds like there is now bad blood between you and the employer and they are trying to get rid of you (illegally) because of that. They can't force you to resign if you are prepared to work full time as per your contract.

Unfortunately i think they are justified in asking you to work full time as per your contract. Im all for flexible conditions and looking after the kiddies ... Where the employer can accommodate. Employers have Needs too and it's not their fault your husbands job changed drastically (Did your husband have a choice in taking on this new job?).

It must be a horrible feeling, having to walk into the office right now. Best of luck and I hope this gets sorted soon for you..

**kw123** · 24-05-2012 06:49

OP any update?

**Natalie86** · 24-05-2012 07:14

To be honest I didn't get much help from FWA, basically I was told I would need to lodge a complaint which will cost $70 and that was just to organise a conference so they can suss out what is going on to see if they are doing anything wrong.
I decided just to go in yesterday and email the managers and HR to say I will not resign and accept the full time position. I received no response back ?? So I'll go in on Monday and see what happens I guess

**kw123** · 24-05-2012 07:34

If you've accepted the full time position as previously agreed then I can't see there would be an issue.

Are you still going to go down the FWA route about the flexible arrangement?

**knomie** · 24-05-2012 07:59

Are you a member of the union?

mummy to gods gift to us

**TreeGirl** · 24-05-2012 09:07

The FWA option is a good way to attempt to resolve matters. When they say 'organize a conference', were they talking about a General Protections claim (which would be based on the argument that you have been adversely treated - discriminated against- as a result of your family responsibilities), or were they talking about an unfair dismissal claim? In my experience ( and, for what it's worth, I deal with these matters on a daily basis), the FWA conference is about coming to a mutual settlement agreement (whether that be them giving you your job back, or coming to an arrangement about your hours, or, if they won't budge, agreeing to pay you compensation for breaching workplace laws). Of course, they can always just say 'no, we aren't going to agree to anything' (they'd be pretty stupid to do that though), at which point you have the option to refer the matter to the Tribunal for a hearing of your case. In the alternative, your state Anti Discrimination Commission is a free complaints process, where you also have a conference with a Conciliator to try to resolve matters. Generally, these conferences are longer, and you tend to have greater opportunity to discuss the facts of your case at some length.
I hope that your employer sees sense one way or the other!
Please don't hesitate to PM me if you need more info!!