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Thread: job gone while on maternity leave

  1. #1
    rails2005 Guest

    Default job gone while on maternity leave

    I was speaking to someone at my work the other day and they said the business i work for has been sold.
    My Boss hasn't informed me about this and when i spoke to the manager she said there really wasn't any work for me there as they havn't been busy???
    I had a full time job and took 12 months maternity leave. It's only been 5 months does anyone know what my rights are? I was looking to go back to work in a month???


  2. #2

    Join Date
    May 2003
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    Beautiful Adelaide!
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    Default

    It is really tricky to tell, because it will all depend on your terms and conditions of employment &/or workplace agreement.....

    Do you have the paperwork you originally signed when you first got your FT job? Does it have any detail/small print? Were you provided with any ammendments to this at any point, particularly before leaving for maternity leave? Do you recall your employer providing you with a maternity leave statement/paperwork?

    Check out this link HERE that details the current workplace legislatation.

    Under normal circumstances it sounds like what your boss has said to you is illegal, but it is tricky to know without knowing your specific workplace agreement. (I hate to say it, but they may be either ignorant of the legislation, or trying to pull a fast one: both intolerable.)

    The company that you work for.....does it have an Human Resources Dept that you could call?

    Either way, I hope it sorts itself out. The situation they have put you in is outrageous. Best of luck.

  3. #3

    Join Date
    Mar 2004
    Location
    Melbourne
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    141

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    I have been put into a similar position. First they told me that I could not have a part-time job when I return and then they announced that they are restructuring whilst I am on maternity and so my job could disappear. I can cope with that, I suppose, but they want me to apply for my job and do an interview whilst I am on maternity leave. Apparently it would be "unfair for everyone else" if I didn't apply but I don't think they really care what is fair for me.

    Anyway, I just wanted to write and say that that it isn't just you. The employer's try to screw us all over!

  4. #4

    Join Date
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    I am pretty sure that it is illegal for them to try and force you to interview you for another job whilst on maternity leave and then say "you didn't get the job". Either way, they MUST let you return to either your own job or a "like role" ie a job similar in duties, and on the same pay scale, when you return.

    It really jacks me off, this type of treatment from employers. They all KNOW the legal situation, but try and manipulate the law to suit their own needs. Or pretend to think that they can pull the wool over parents/mothers eyes. It makes me so mad!

    Best of luck Morv.....

    HTH

  5. #5

    Join Date
    Nov 2004
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    Giving the gift of life to a friend..
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    I'd definately look into it...
    I know I work for a big Co...
    But in our Maternity Leave contracts it states (Your job prior to leaving will be kept for you up to 52weeks, if for some reason that exact role no longer exists, you will be given a similar role with same pay & entitlements, but this must be agreed by yourself first!)
    I have my own office where I work & it's miles away from my boss's prying eyes, so I made them SWEAR that my job & office are still there upon my return!!!

    But I thought ALL Co had to keep jobs for 52wks!!!

    I'd chase it up & then take them for EVERYTHING!!!! hee hee I want half!

  6. #6
    rails2005 Guest

    Default

    thanks for all the info. I just dont even know where to start looking. I was not given a maternity leave contract as such but did sign a letter saying i was taking 12mnths maternity leave. But i was told i could return any time with 2 months notice to them.
    Who can I call to find out what my rights are???

    thanks in advance, I really dont know if i could be bothered arguing with them or if I even want to go back now. :mad:

  7. #7

    Join Date
    Mar 2004
    Location
    Melbourne
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    141

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    I just thought that I would let you know that I had to go through the whole process of applying for my job and dooing an interview. Naturally enough, I did not get the job and so I have been retrenched. It is easier to let go of the person who isn't around. They looked for another job for me but there was nothing around, they will look again in January when I am meant to be back from maternity leave but I am not feeling very hopeful for that.

    I had a chat with the union and they said that this happens quite regularly and there is nothing that I can do about it. To retrench you and give you a payout is the same as giving you your job back apparently.

    So, it can happen. Now I have to start looking for a job.

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