+ Reply to Thread
Page 3 of 3 FirstFirst 123
Results 21 to 30 of 30
  1. #21
    Join Date
    May 2009
    Location
    North Sydney
    Posts
    115
    Thanks
    29
    Thanked
    5
    Reviews
    0
    Really? wow I did not know that.

    That seems really not fair - Had I known that entering into a NES flexible working arrangement that I would not be entitled to my position again and jeopardising my career because I could only work part-time at the time, I would never have entered into the agreement in the first place.

    I was under the assumption that once I could commit to my full-time hours - As per the clause under the fair work act "employee can terminate the flexible working arrangement by giving 28 days notice in writing at which point the employee's prior working arrangement will come back into effect." - I thought this meant then once the 28 days lapsed / I continued working in the role I have been doing under the flexible work agreement/arrangement but revert to my 38 hours a week again (as these were my hours prior to maternity leave)
    Last edited by alufolie; 27-12-2012 at 19:28.

  2. #22
    Join Date
    Jul 2011
    Location
    Melbourne
    Posts
    5,005
    Thanks
    1,052
    Thanked
    3,524
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default Have I been discriminated out of my job?

    Quote Originally Posted by alufolie View Post
    Really? wow I did not know that.

    That seems really not fair - Had I known that entering into a NES flexible working arrangement that I would not be entitled to my position again and jeopardising my career because I could only work part-time at the time, I would never have entered into the agreement in the first place.

    I was under the assumption that once I could commit to my full-time hours - As per the clause under the fair work act "employee can terminate the flexible working arrangement by giving 28 days notice in writing at which point the employee's prior working arrangement will come back into effect." - I thought this meant then once the 28 days lapsed / I continued working in the role I have been doing under the flexible work agreement/arrangement but revert to my 38 hours a week again (as these were my hours prior to maternity leave)
    Do you have a link to that clause? I tried to google it but couldn't find it.

    Hypothetically, if you wanted to work part-time, so the employer hired another person to make it a job share (for example), it wouldn't be possible for the employer to just terminate the other job share person just because the original employee wanted to work in the role full-time again.

    I'm not arguing with the legislation of course, I've just not heard that before!

  3. #23
    Join Date
    May 2009
    Location
    North Sydney
    Posts
    115
    Thanks
    29
    Thanked
    5
    Reviews
    0
    No no that's fine I'm not arguing either - I have an excerpt from the official HR policy issued below:

    So basically to break it down, I went on Maternity Leave - a temp was hired to cover my permanent full-time role while I was on leave. I wanted to come back to the company however I could only commit to part-time hours and applied for the flexible working arrangement as per below. This was approved and I came back to work 4 days a week.
    6 months later management stresses were made by management that the agreement needs to come to an end even though my child was only 11 months old at the time. AI said I will be giving my 28 days notice in writing and I wish to revert to my existing pre-flexible job function as determined by HR policy. I was told this was not an option as my manager said he was offering my job the mat leave temp and I have to take on another role in the company which I do not want/can't undertake. But I found today he already offered my job to the temp behind my back and I'm up a creek without a paddle . :P
    Seriously just because I had a baby how hard is it to retain my job!! lol

    POLICY
    The right to submit a request for flexible working arrangements is set out in the National
    Employment Standards (NES). The NES is contained in the Fair Work Act 2009 (Cth) (FW
    Act).
    Entitlement
    The NES entitles employees with responsibility for the care of a child under school age, or a
    child under 18 years with a disability, to request flexible working arrangements so as to
    assist the employee in fulfilling that responsibility. Employees must have completed at least
    12 months continuous service with XXXXX COMPANY. or have served at least 12
    months regular casual employment.
    XXXXX COMPANY. also provides opportunities for employees to request flexible working
    arrangements in circumstances outside the NES entitlement.
    Examples of a flexible working arrangement may include working part time instead of full
    time or a change to start and finishing times at work.
    Making a request
    Requests must be in writing, stating the change sought and the reasons for it. The
    employee’s manager should respond to the request in writing within 21 days. If the
    employee’s manager refuses the request, a written response should be given, including
    details of the reasons for the refusal.
    Supporting documentation
    The company can request an employee to provide reasonable evidence that the reason for
    requesting a flexible working arrangement is because the employee has child care
    responsibilities as per the ‘Entitlement’ section above.
    Variation to flexible arrangement
    Both managers and employees can terminate a flexible working arrangement by providing
    28 days notice in writing. The employee’s working arrangement will revert back to their pre
    flexible working arrangement.
    Last edited by alufolie; 27-12-2012 at 19:59.

  4. #24
    Join Date
    May 2009
    Location
    North Sydney
    Posts
    115
    Thanks
    29
    Thanked
    5
    Reviews
    0
    Quote Originally Posted by missie_mack View Post
    Flexible working hours under the NES only apply to children under school age (unless they are special needs), even if what kw123 is stating is correct eventually you would be able to return to the full time position you held prior to making the part time work agreement!

    Meanwhile- let me double check my facts about flexible agreements under the NES

    Have you spoken to ADB in NSW?
    Missie_Mack Hi Thanks for replying to my utter car accident of job thread

    Could you clarify who the ADB is - I'm not sure I've heard of them before. Yes I was under the same impression that a flexible work agreement is continuing your current role but at agreed pro-rata'd hours & it isn't actually a *NEW* job as it's just an agreement which can be terminated. If you have any further information regarding the flexible work agreement/arrangement I'd be ever so grateful - my knowledge is very limited

  5. #25
    Join Date
    Jul 2011
    Location
    Melbourne
    Posts
    5,005
    Thanks
    1,052
    Thanked
    3,524
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default Have I been discriminated out of my job?

    Well it's great that your policy says that as its not part of the legislation (for the reason in my example above).

    And I fully agree that if THEY are terminating your flexible arrangement which they are within their rights to do (as long as they have reasonable business grounds) then you should be able to return full-time.

    The issue about your replacement further complicates things. If she had already been offered and accepted the role while you were in your different part-time role, then you should be offered a comparable role. But it sounds like your old role is technically still available and they are about to offer it to your temp replacement? TBH I don't know if this is illegal but it doesn't sound right to me and I would definitely raise it with HR and also call FWA. I'm almost certain that salary thresholds don't apply to discrimination claims.

    It's a really crap situation.

    I can totally sympathize. I'm on maternity leave at the moment and my work are being really crap about me coming back part-time, with a view to getting back to full-time within 18 months. I actually think I'm going to go back to my previous employer as I don't want to go back somewhere I'm not valued.

    Shocking when HR managers treat their employees so badly (and potentially discriminatory).

  6. #26
    Join Date
    May 2009
    Location
    North Sydney
    Posts
    115
    Thanks
    29
    Thanked
    5
    Reviews
    0
    Thanks kw123 :-) When you say comparable role. If my current role was "office administration" and the role offered was "IT technical support" is this deemed as comparable?

    I'm sending you *huge hugs* I know exactly how you feel -It was a definitely struggle getting part-time flexible hours in the first place with my employer and now I think if I had my time again in knowing how this turned out I feel it's not even worth it as it's actually impeded on me having a clear headspace and spending quality time with my DD anyway!
    Is this your first bubba ? At the end of your 12 months are you able to take another 12 months - maybe if you plan to stay at your employer and are only able to come back full-time maybe taking another year off maybe you'll feel differently about returning full-time?
    I don't know, us mamas really do have it tough when it comes to the workplace.

  7. #27
    Join Date
    Jul 2011
    Location
    Melbourne
    Posts
    5,005
    Thanks
    1,052
    Thanked
    3,524
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default Have I been discriminated out of my job?

    I don't think they sound comparable but hard to say without seeing a job description. Wouldn't the IT one be more like answering phone calls and troubleshooting problems over the phone, etc? Hardly office admin is it?

    Yes it's my first bub and I'll only have taken 10 months off by the time I want to return in March but I had to go back early so I could get childcare (inner Melbourne childcare spots are hard to come by!). I also love my job and want to return so the idea of having another 12 months off isn't really what I want. Having said that I'm terrified about starting him in care even though I love the centre. I'm just going to see how it goes though. The extra money will come in handy too, even after childcare costs.

    It really is hard. I just never thought it would be an issue as I have always worked with the managers in my company to approve almost every flexible work application. My current manager started after I went on leave so we have never worked together which doesn't help either.

    I'm going to submit a formal request shortly so he will have 21 days to respond. At least that way I'll have a definitive answer. If they say no then I will strongly consider a discrimination claim.

  8. #28
    Join Date
    Jul 2011
    Location
    Melbourne
    Posts
    5,005
    Thanks
    1,052
    Thanked
    3,524
    Reviews
    1
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts

    Default Have I been discriminated out of my job?

    Any update OP?


 

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Pebblebee
Parents spend hours looking for things they need NOW. The keys, the remote, darling daughter's treasured teddy. Stop wasting precious time looking & start finding with Bub Hub reviewed Pebblebee Smart Tag. Simply attach a Pebblebee and find it fast.
sales & new stuffsee all
The Health Hub
Give a new mum a fitness boost for Christmas & New Year. Studio-based, small group training sessions - cardio, strength, core, Pilates & boxing. Choice of 16 hrs per week, flexible-arrival feature - bubs & kids welcome! Gift vouchers available.
featured supporter
Tribalance
TriBalance is a physio, yoga & pilates studio in Brisbane's inner north, offering specialised women's health physiotherapy services. Weekly pregnancy yoga classes are scheduled at the studio on Thursdays 1- 2pm and Saturdays 1-2:15pm.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!