I've been working for this company since January on a 76 hour fortnight basis. It was agreed with the CEO (it's a very small company) that I could work a 9 day fortnight and have the other day as a rostered day off. This hasn't been a problem since then and I've always been flexible with the day I take off and try and fit in around the workload but sometimes I have appointments that I just can't change.
The CEO is now on sick leave and the General Manager (who started a few months ago) today told me that I can't keep having my RDO and have to back to a 10 day fortnight and he wanted me to cancel my day off on Wednesday! I've already made plans though and told him I wasn't prepared to cancel them.
We're also now not allowed to accrue hours and he's only going to sign off on 76 hours a fortnight and if we do anymore it'll be completly unpaid and without any time off in lieu. My contract states that I can accrue hours and carry over no more than 2 weeks so I don't think he's really got a leg to stand on with this.
Can he insist I change my hours to a 10 day fortnight? Even though we don't have anything in writing it's been this way all year and was like this when the GM started.
You cannot ask staff to work for free! If he insists you work a 10 day fortnight, then you will have to get paid for that extra day - which should be over time as anything over a 38 hour week is overtime.
Sure he can insist, but that doesn't mean you have to.
As for working extra hours and not being paid there is a simple solution to that too, don't work the extra hours. If GM kicks up a stink you can pull out your contract and show him what has been agreed to. If he argues the matter further find out who your union is and speak to them.
GM's like yours often resort to bullying tactics, so stand firm, be prepared to pull out and highlight your contract documentation and worst case scenario go to your union and report it.
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