+ Reply to Thread
Results 1 to 10 of 10
  1. #1
    Join Date
    Feb 2011
    Posts
    95
    Thanks
    1
    Thanked
    1
    Reviews
    0

    Default Can I be demoted while on mat leave?

    Would love to hear from anyone who knows the laws on this, or has been in a similar situation.

    HR calls me two days ago to say I have a new boss starting next week (someone was temporarily in that job when I left to have my bub). Also mentions that they plan to consolidate the team I manage with another team in my department. Am told my reporting line won't change.

    That same day, the acting boss announces to my peers that my role will be reporting to her (after she steps down from her acting boss role and becomes my peer again).

    Apparently, $ and activities will stay the same, but I will be reporting to a peer instead of our new boss.

    I have always had top notch performance reviews, and am regarded well.

    Is this a demotion? I thought I was entitled to a job of similar status, or does that just mean $$.

    Fair work ombudsman thinks it sounds off but can't give advice. Keen to get preliminary thoughts/other people's experiences before I spend lots of $ on a lawyer.

    Thanks in advance for any help - up since 4am worrying about it and am exhausted feel like this is distracting me from caring from my bub so want to get it sorted out quickly.

  2. #2
    Join Date
    Jun 2010
    Location
    the shire
    Posts
    1,449
    Thanks
    18
    Thanked
    163
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    It doesn't sound right, but I think in a way it is. My understanding is as long as your $$ stays the same they are not breaking any laws.

    Have you looked up maternity entitlements? I'm sure there was something on there about it.

    Sorry I can't be of more help

  3. #3
    Join Date
    Feb 2008
    Location
    some where between fairies & firetrucks
    Posts
    1,415
    Thanks
    540
    Thanked
    82
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    will postion still be an actual postion or are they removing it??? i know when i went on mat leave my 'postion' had be removed all together and they just had me in a similar ( sort of ) postion with the same pay

  4. #4
    Join Date
    Oct 2010
    Posts
    1,106
    Thanks
    455
    Thanked
    455
    Reviews
    14
    Achievements:Topaz Star - 500 posts
    I believe they can do this.

    Hope this link works. See return to work guarantee bottom left.

    http://www.fairwork.gov.au/factsheet...nd-the-NES.pdf

  5. #5
    Join Date
    Apr 2010
    Posts
    3,619
    Thanks
    16
    Thanked
    767
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    If u are doing the same role, getting the same money, then it is not a demotion.
    Who you report to, does not affect your return to work requirements.

  6. #6
    Join Date
    Feb 2011
    Posts
    95
    Thanks
    1
    Thanked
    1
    Reviews
    0
    Thanks for your responses

    Just to clarify...

    A mothers love & Jenga - have checked entitlements and they talk about $ and status. The question I have is what does status mean? I would be one level further down in the hierarchy if they made this change. A recent ruling in WA ruled in the woman's favour - same title, money and reporting line but she was put into lesser roles. Court decided that this was effectively a demotion! Was keen to know if anyone has heard of similar situations.

    Cupcakes - job is still there, they're just planning to move it down the chain.

    One of those mums - I understand that the person I report to can change, but question is - what if they are a lower level than my current boss? Effectively making me a level lower than I am now. The WA ruling and Ombudsman's response (they think I should lodge a complaint) is what has made me think that it's not right.

  7. #7
    Join Date
    Apr 2010
    Posts
    3,619
    Thanks
    16
    Thanked
    767
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Gizmo unfortunately I think u will find there is a loophole for businesses.
    'Unavoidable restructuring for business purposes' allows them to do more changes.
    I worked in management and in close conjunction with hr. We always discussed changes with those on mat leave. It sounds like the person u will be reporting to will be an interim position. So not affecting ur position. I'm not sure you have much of a case. But definitely worth looking into. A position isn't defined by how many people are above u, but the role you undertake and responsibilities, including staff below u.

  8. The Following User Says Thank You to One of THOSE mums! For This Useful Post:

    CrazyJs  (06-05-2011)

  9. #8
    Join Date
    Feb 2011
    Posts
    95
    Thanks
    1
    Thanked
    1
    Reviews
    0
    Thanks for the info

    The change to my role has been announced as permanent, and the only other person they made a change to was a peer who they just made redundant (also on mat leave).

    Sounds like a grey area given the difference of opinion. I think getting advice is probably sensible.

    Thanks again - all very interesting

  10. #9
    Join Date
    Nov 2008
    Posts
    7,067
    Thanks
    37
    Thanked
    227
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    If I've understood what you are saying you are not being demoted. Your job remains unchanged, they've just added an extra level in on top of you so perfectly legal.

  11. #10
    Join Date
    Feb 2011
    Posts
    95
    Thanks
    1
    Thanked
    1
    Reviews
    0
    Hi Tormy - am in the private sector. I wonder if it's treated differently if you're in the public service. Your experience sounds quite positive

    Hi Amara - yes, you've understood correctly. You sound quite certain in your assessment. Is this something that you've also experienced?


 

Similar Threads

  1. can I use sick leave before my maternity leave starts?
    By lizzymcfizzy in forum Maternity Leave
    Replies: 22
    Last Post: 19-03-2013, 14:14
  2. Replies: 18
    Last Post: 03-08-2012, 10:45
  3. Replies: 7
    Last Post: 10-01-2012, 18:27

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
FEATURED SUPPORTER
The Health Hub & Glowing ExpectationsGlowing Expectations is conveniently located at The Health Hub in Darlinghurst. We offer pre & post natal personal ...
FORUMS - chatting now ...
REVIEWS
"Made bed time less anxious"
by Meld85
My Little Heart Whisbear - the Humming Bear reviews ›
"Wonderful natural Aussie made product!"
by Mrstwr
Baby U Goat Milk Moisturiser reviews ›
"Replaced good quality with cheap tight nappies"
by Kris
Coles Comfy Bots Nappies reviews ›