+ Reply to Thread
Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 28
  1. #11
    Join Date
    May 2009
    Location
    North Sydney
    Posts
    115
    Thanks
    29
    Thanked
    5
    Reviews
    0
    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

  2. #12
    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?

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

  3. #13
    αληθη's Avatar
    αληθη is offline BH name read as Aleethee
    Winner 2012 - One most likely to be hacked by Nomsie
    Join Date
    Nov 2012
    Posts
    2,961
    Thanks
    3,031
    Thanked
    805
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts

    Default Have I been discriminated out of my job?

    I agree, definitely get on the phone to fwa.

  4. #14
    Join Date
    May 2009
    Location
    North Sydney
    Posts
    115
    Thanks
    29
    Thanked
    5
    Reviews
    0
    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,

  5. #15
    Join Date
    Dec 2011
    Posts
    4,395
    Thanks
    160
    Thanked
    704
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts

    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

  6. #16
    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 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!

  7. #17
    Join Date
    May 2009
    Location
    North Sydney
    Posts
    115
    Thanks
    29
    Thanked
    5
    Reviews
    0
    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)

  8. #18
    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?

    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.

  9. #19
    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 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.

  10. #20
    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.


 

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
Baby MonitorsLooking to buy a baby monitor? :: Read viewer reviews of baby monitors BEFORE you buy :: Buy at a local or online Baby ...
REVIEWS
"Pigeon teats rule!"
by Alex
Pigeon PP Wide Neck 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 ›