I don't have anything documented but I did have one of the other company directors sit in on a conversation with hr where she told me that there would be a Job for me she I got back. I probably should have gotten something in writing but they gave me every assurance in the world that I was good at my job and they needed me.
They didn't pay out my leave, they paid me my al over the two pay cycles that is crossed over into if that makes sense.
I know that my replacement is on contract for sure.
I probably need to somehow get access to my work emails because I am sure that I had correspondence talking about the fact that I was taking "maternity leave" and this was never objected to. i would think that if they were not going to class it as mat leave surely they have some sort of obligation to specifically tell me this? I mean I have been working under the assumption that they just agreed to the mat leave because I was making sacrifices too (i.e. working 4 days until my induction date and only taking 3 months off to not leave them in a bad situation)
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13-03-2013 22:14 #11
13-03-2013 22:34 #12Senior Member
- Join Date
- Jul 2012
Are you a union member? Id be contacting them.
13-03-2013 22:38 #13
I agree it def sounds like you are on mat leave, even if they are backtracking now... Not having anything in writing is annoying but doesn't mean you don't have a case. However, if you don't have the 12 months service then you don't automatically have the entitlement to your old job back...
I'd call Fair Work tomorrow to get their advice. At least it's a first step and will give you an idea of what to do next.
14-03-2013 13:50 #14
Spoke to ombudsman today, they said I have a case. Talked to my employer and thy are going to pay me out 8 weeks
Next question, does anyone know if a redundancy payout impact government paid maternity leave entitlements?
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14-03-2013 13:56 #15
I was kind of in the same position. I was working there for 4 years beforehand though. I had 12 months unpaid maternity leave. I asked to come back early and was told that I was actually made redundant. I didn't take it any further even though apparently I could have, I couldn't be bothered but I was crushed so know exactly how you feel! Hope you can work something out!
14-03-2013 14:19 #16Senior Member
- Join Date
- Feb 2013
Redundancy means that "the work being performed is no longer required". It is about the job and not the "person" in it so they can't say they are making you redundant if they still need the work done, which in your case clearly they do as they have kept on the other girl to do it. So that is not a true redundancy.
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14-03-2013 17:56 #17
I am glad you are getting something. When you say they are paying you out, do you mean a redundancy, or just a sort of goodwill payment?
If the person performing your role is doing substantively different duties (which is always open to interpretation) then they could argue that your role is redundant and the replacement is doing a "new" role.
But its not really your problem - if they have offered a redundancy package - take it! But you definitely can't go straight back and work there on a contract. Doesn't sound like you are doing that? If you do that, you could be liable to pay back a lot of of tax if the ATO finds out.
Really glad you are going to get something.
14-03-2013 18:48 #18
14-03-2013 19:01 #19
Ahh but if like my work they employed another person to do your job in "anticipation of the business growing" as in when you return both of you will be working, and this business growth doesn't happen then your job may no longer exist. This happened to both my colleague and myself. I was a little upset at first but have now accepted a part time job instead of fighting for my previous position.
14-03-2013 22:17 #20
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