Any current colleagues that you trust? They would do. I'd try find contact details for your old employer and if you got along with him, explain the situation.
Sounds like the employer has, in fact, left all their I's UNdotted and T's completely UNcrossed!
Failure to provide an employee who is returning from maternity leave with their job back, constitutes a direct breach of the Fair Work Act, s84, 'Return to work guarantee'.
Here's a link to the Fair Work info sheet on it;
wow, he sounds like a real pig of a boss. I live in Qld and worked for an accountant for 7 years and it's almost the same attitude my old boss had.. he was such a pig it wasn't funny. I can't even begin to tell my story, i will be here forever. lol.
I hope everything works out for you. all the best!
My gut (could be wrong, who knows) tells me the workplace have accommodated OP's part time work as well as they legally have to. If this is the case then OP will either have to try to work with them (/suck up and get a reference) or quit. Working against people long term will cause the OP more stress than it's worth.
If fair work/discrimination board says there is a case to answer the OP has a choice to make: go ahead or not. Both have pros and cons in terms of stress levels.
Last edited by cmd'smum; 27-08-2012 at 22:15. Reason: Argumentative
if that position no longer exists,an available position forwhich they are qualified and suited, which is nearest instatus and pay to their pre-parental leave position. - does this still apply in my situation, that my replacement has been given the position?
I have previously asked for my position back, and he said a straight no, he will not give it back to me because eventually I will have another baby... there has been a lot said to me, I could write a book about it!
I just don't like confrontation
Have a look at: http://www.humanrightscommission.vic.gov.au/ - it may even pay to give them a call. They have been nothing but absolutely wonderful for my situation.
Also might come in handy: http://www.communitylaw.org.au/ - free service; they mainly do family law and domestic violence but they were great for advice on where to go next etc.
As for a PP mentioning 'going all guns blazing in to a losing battle'... I think its this exact attitude that stops women from taking it further. I went up against a multi million dollar business... And i won. I won't lie, it was one of the most emotionally draining things I've ever done but also the most satisfying knowing i may make a difference.
You have up to 12 months to lodge a claim through the equal opportunity commission. I would start looking now for a new job. From what you have said, your boss may give you a glowing reference just to get rid of you and your 'situation'.
The way i see it, the more women that stand up to this kind of discrimination the more likely this is to stop.
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VicPark has an opinion and has every right to share it with the OP. And while I quite strongly disagree with her original comments in this thread, it's a legit point of view. I do agree with the approach that, sometimes, you have to pick your battles. Just because something is (clearly, IMO!) against the law, doesn't always mean you should fight it tooth and nail. There may be other, more important battles for you (that's everyone, not just the OP) to fight.
For me, though, I will reiterate my POV that this employer sounds like it needs to be taught a lesson
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