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  1. #1
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    Default 'bullied' into changing from full time to casual

    Hello all,
    In sure there is a similar thread on this, but I don't have the time to hunt around for it, as I need to respond to my employers today to stay ahead of this..

    Background: I'm 17weeks pregnant and have had a rough time with genetic testing and a few scares so far, highly stressed in my personal life due to pregnancy dramas. I have the potential to have a premature baby.

    Problem:
    Last night my employer suggested I cut back to casual as of JUNE, and cut bak more and more leading up to my due date in OCT!
    Financially I cannot do it, and I don't want to be sitting at home for half the week.

    Can an employer do that? How should I respond to this? His argument is that I'm stressed and it's affecting my work, and he doesn't want to be responsible for added pressure. But if I'm cut back - that's massive added pressure due to all out medical tests and costs during the pregnancy itself.

    My theory is he wants to save money and get in a new staff member to cover me whilst in leave for me to train, but cut my hours so he isn't paying two full wages!!

    Damn! Advice welcome! X

  2. #2
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    it doesnt sound like bullying to me. he suggested it, you dont have to agree. maybe he is concerned about your health thats all. do whatever feels right to you.

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    Absolutely no!

    And you don't want to be casual when you start leave as then you'd only be entitled to a casual position when you return (which is obviously easier for them to not offer you hours, etc).

    Document absolutely everything and make clear to your employer you don't want to amend your employment terms and conditions.

    If they keep badgering you I would tell then it makes you uncomfortable. If they have any sense they will back off!

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    Can you take any sick leave when you are stressed, etc?

    If it is affecting your work performance then your employer of course has a right to be concerned and manage this. But this should not be handled by changing you to casual!

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    Hi there, this sounds a bit rough... Are you currently employed as a permanent full time capacity? If so, perhaps you can access some sick leave entitlements (they are called entitlements because you are actually entitled to use them!) if stress is going to become and issue and you need to take it a bit slower as the pregnancy goes on, on medical grounds. Also, I would be very reluctant to change to a casual at this stage as it may affect your entitlements to mat leave and a return to a permanent position when you go back to work after bub (not sure if you are entitled to these). Lots to consider. I hope it goes well for you. x

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    Quote Originally Posted by kw123 View Post
    Can you take any sick leave when you are stressed, etc?

    If it is affecting your work performance then your employer of course has a right to be concerned and manage this. But this should not be handled by changing you to casual!
    Yes I can take sick leave or accrued holidays if any further drama happens. As far as I'm concerned I'm through the worst of it.
    Do I give my employee more benefit of the doubt that he is probably concerned.
    I think staying it all in writing that financially its too early for me to cut back is a good idea, thanks all who've mentioned it. And Kw you made a great point in your post prior to this one.

    Glad to see im not over reacting, and others would also say no!

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    Whoa.
    So I wrote an official letter thanking, but declining the offer to start part time.. And they officially wrote back saying it is not an option, that I must do it!
    My condition is 'uncertain' and not profitable to the workplace if I happen to require time off.

    I'm fuming!! This can't be legal! On top of all the other drama.. I just want to cry!

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    Have you tried contacting Fair Work about it? I wouldn't be accepting it and would be taking it further

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    Quote Originally Posted by alexis243 View Post
    Whoa.
    So I wrote an official letter thanking, but declining the offer to start part time.. And they officially wrote back saying it is not an option, that I must do it!
    My condition is 'uncertain' and not profitable to the workplace if I happen to require time off.

    I'm fuming!! This can't be legal! On top of all the other drama.. I just want to cry!
    Ooh crikey! I'm sure there are going to be a few factors that come into play, however I'm sure the general consensus will be that they can't make you change your work conditions based on pregnancy or impending mat leave.

    I don't know the ins and outs of the legislation but my general advice would be:
    - don't get into discussing this with anyone else from your workplace (gossiping, asking advice, whinging) cos it will ALL get back to the boss
    - only liaise with management etc about it in writing (like you've done)
    - if you have to discuss/meet with them about it make sure you have a neutral witness with you who doesn't participate at all in the meeting but is there to vouch for the discussion
    - if you have to discuss/meet, make sure you take minutes or notes and review things in the documentation as you go (e.g. " so just to clarify, (read from your notes) you're saying xxx and yyy?"
    - get everyone present to read and sign the minutes at the end of the meeting (even if they are hand written, don't worry about typing them up later)

    I suspect your workplace is way out of line. Try not to get too emotional about it at work (especially if they are a little prone to saying you are too stressed/emotional to do your job properly). Be uber-professional with them and come vent on the hub
    Good luck xx

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    Definitely contact fair work. They are very helpful. Do you have an eba?
    The only way they can 'legally' do this is if you are unable to perform your work duties when you are there. Otherwise you are entitled to take time off as necessary. But always make sure you have medical proof.
    In my situation last year I took a lot of time of due to a high risk pregnancy and lots of monitoring on Bub. I'm a teacher and it was suggested a couple of time s to cut back but that was more out of compassion. When I was at work I made sure I could perform all my duties well so there was no question that I was able to do my job. I would do the same. I actually took so much time off I ran out of sick leave but my work didn't have a leg to stand on because I was always doing my job extremely well when I was there.


 

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