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  1. #11
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    Default Have I been discriminated out of my job?

    Ok well they have definitely not treated you properly!

    Essentially they have not kept your original (pre-mat leave) job open for you and replaced you permanently with this other person. This is illegal.

    However, if your pre-mat leave job really cannot be done flexibly and your business can demonstrate this without a doubt, they might be within their rights. But the way they have done it is inappropriate.

    It is also illegal to make false representations about your employment and if your manager told you it could be done flexibly which encouraged you to accept it, and then he says it can't actually be done flexibly, again this is illegal.

    I would speak to HR about all of this. Hopefully they have a clue!!

    I personally wouldn't rescind my resignation as unfortunately your working relationships will be tainted by this, as crap as that is. I would take the new job and make a complaint either through FWA or a discrimination claim. It depends what avenue you go down (I.e the false representations thing would be via FWA, not EEO).

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  3. #12
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    Thank You - when you say illegal is this under federal law or state law? I'm actually in NSW.

    Pre-Mat role was still 38 hours a week - but was flexible in the sense that I only needed to work 9-5 Monday to Friday - it was a desk job. I didn't have to answer my phone at 3am if there was an issue, I didn't have to go in on weekends if there was a problem.


    However role that I was now offered when the pre-mat job was no longer available was a support role - were longer hours, I had to be prepared to be working at a billion miles an hour, overtime, weekends and answering my phone outside of hours which is not something I could take on while having a child in daycare and therefore I had no choice but to leave

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    Default Have I been discriminated out of my job?

    FWA is national - equal opportunity/discrimination have different bodies for each state - just google it for NSW.

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    Default Have I been discriminated out of my job?

    I agree, definitely get on the phone to fwa.

  6. #15
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    Hello, just wondering if anyone has any other advice. I'm unable to lodge my complaint with FWA as my annual salary exceeds the threshold to be able to make a complaint with them. Just wondering if Human Rights and Equal Opportunity Commission would be an alternative?
    Cheers,

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    Default Re: Have I been discriminated out of my job?

    No advice but just sending hugs! There's nothing 'fair' about that!!

    Sent from my HTC One X using BubHub

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    Default Have I been discriminated out of my job?

    I thought the salary limit was just for unfair dismissal? I'd check that out.

    Otherwise contact the equal opportunity body in your state.

    Good luck!

  9. #18
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    HI Kw123

    Thank You. I sought information through legal aid and was referred independent legal advice as opposed to going through FWA.

    Just throwing out if anyone knows anything regarding flexible work agreements...

    Hypothetically if I came back to work after maternity leave on a flexible working agreement and I decided to terminate the agreement i.e. give 28 days in notice go back to full-time am I entitled to continue my current role at my original full-time capacity? My manager says I'm not entitled to do that today because the person covering my maternity leave was offered and has taken my job permanent full-time while I was unable to commit to full-time hours / during my flexible work agreement and I have to take a different role (completely unrelated to my current role)

  10. #19
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    Default Have I been discriminated out of my job?

    Yes - your manager is right I'm afraid. You're not entitled to your full time previous role if you already negotiated and accepted a flexible work arrangement. In most cases your employer will have made other resourcing decisions to fit in with your flexible work arrangement so its not possible to then just change your mind iykwim.

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    Default Have I been discriminated out of my job?

    I should add though, I'm still a bit confused about your current, flexible role. If this was intended to be permanent, and your manager is saying it no longer exists, then I would ask about redundancy. If this new role could be considered comparable it is highly possible you wouldn't get it but still worth liking into.


 

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