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Thread: Workplace breach - Help!

  1. #1

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    Question Workplace breach - Help!

    I had originally posted in "work stuff around" that might help you with some background details...

    I went in to chat to my boss about returning to work f/t Mid July. He said he didn't really have a "position" as such for me, but could find things for me to do. I was doing the invoicing (daily) and it's now a once-a-week job, so I'd be doing that and whatever else was neeeded. Again, the office has had another staff member (3 to be precise) quit. I don't understand why they didn't hang out hiring someone new til I came back and I helped out... makes more sense in the long run, doesn't it? Anyway, Tuesday afternoon I got a call from the transport/warehousing side of things (we're all under one umbrella - but they both have different ABN's - so technically it's a new company). She wanted me to come in for a chat. Sure, why not. Ended up being an interview, not a meeting. Offered me a decent postion (all invoicing - way more intense than what I was doing, making me nervous). I said yes - didn't sign anything - but got a lil nervous when she mentioned that I'd be on 3mth probation.

    when I rang my DH to tell him how things went, told him about the probation, he flipped out! Mentioned it to his work mates and they'd all told me to call IR (or similar). Called Wageline and they gave me the right number. Explained everything to the operator, who had to check with a supervisor. She came back to me and said that it's a breach of federal award to do what they're doing. They can't do it coz the businesses have different ABN's. Also, if they did want to do it, and I agreed, they have to make me full time and don't put me on the probation, coz I was f/t and not on probation when I left. But if I do agree and go over, technically my workplace has "let me go" while on mat leave, which again is a breach.



    So what do I do? I haven't signed anything, and the contract will be sent out to me before I start back (2 days a week til mid july).

    I'm just at a loss for everything! If I had my way, I wouldn't go back to work at all! Financially I have to, so sorting all this out is top priority.... who should I speak to first? My boss, or the transport/warehousing manager?? I'm so nervous.

    Help!

  2. #2

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    hi hun,
    my sisters a health and safety manager and shes on mat leave and was due to go bk p/t. they told her when she went for a meeting she would have to move to a lesser position and less money so she threatened to sue them for discrimination among other things as when shed gone on leave they had said she could go back to her job as normal. they have since relented and she goes back to her normal job p/t next week.
    the only thing i could suggest is tell them if they dont adhere to the agreement that was already in place you are going to either sue or take to a tribunal (not sure of the system where you live). hun you dont need the stress you should be enjoying your beautiful baby not worrying.
    HTH and take care hun, good luck.
    rach xxxxxxx everything gets sorted.

  3. #3

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    Rhianon, I think you need to very wary of this. By putting you on 3 months probation, they are giving themselves an out. If they really don't want you back - maybe they just don't have the work, or are worried about you having another baby - then they can just say you didn't meet their expectations.. They might already be planning this. Now what they are doing is most definitely not legal, and if they were to let you go during your probation then you would have a case and I'm pretty sure you'd win. But it's still a lot of time, effort and worry for you.

    Personally, I think that you need to decide whether or not you this job with the "new" company. If you do, then I would say to them that you will take the job, but that you need all your benefits - length of service etc - transferred over and you are not agreeing to 3 months probation. Remind them that by law you have to be offered a position with your original company that is the same level or higher than when you went on maternity leave, and you are accepting that they aren't doing this, but that there is no way you are going through probation again. They will know full well that they can't do this, so hopefully will accept it without too much arguing. If they do arc up, give them the details of who you spoke to about your rights and I think that will quieten them pretty quickly.

    I am sorry that you are going through this. It really sucks that they are not doing the right thing by you. I am sure it will all work out for you though. Best of luck.

  4. #4

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    get your husband to find a better paying job so you can stay at home with ds !!! you dont need the stress and ds doenst need a fill in mum while you are behind a desk simply because you have to bring money to the table , I would forget about the comapny and find a more conveinet(sp) way to earn extra cash .....

    when i returned to work it was worse for me to work , in the end we were better off me just staying at home , cc costs were too high extra petrol , less time with ds and less time with dh ....

    is it really worth you going to work full time?????? i would tell the companies that if they are going to breach laws that you dont want to be working for an unethical company ....

  5. #5

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    Hi Rhianon

    It may be that they are not trying to do the dodgy at all and are just offering you a position within the organisation where there is a position available BUT it could be a little dodgy. I suppose that at least he was honest with you and told you that while there wasn't a position he would make one for you when you had the first discussions with him.

    If I were in your position I would insist on the following:
    * transfer of all accrued leave entitlements like sick leave and long service leave and a letter in writing to this effect
    * no probation period of any sort
    * an undertaking that if the new position does not work out for any reason (within an agreed time frame - say 3 or 6 months) that you can go back to your old position in the other organisation. It may be that you could agree to this as the three months probation period - so tell them that you are happy with three months probation but want it in writing that if it isn't a good fit (specially if you think it will be more stressful) then you can go back to your old position.

    I wouldn't get too nasty in the first instance but if they don't give you want you want then suggest to them that you will contact the workplace authority and ask them about your maternity leave entitlements

    Good luck

  6. #6

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    LOL Lea - good to see you are looking after your sis! Which of you is the big sis btw?

  7. #7

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    That would be me !!

  8. #8

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    I'd insist on your benefits and rights, I think Taffy Lou is right on the money.

    If they dont want to do the right thing, then you can bring in the big guns.....this has been happening all over the place atm.

    Finding another position is a total PITA too, so I'd press them and let them know you won't be taken advantage of.

  9. #9

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    Thank you all for your responses... I've looked into it called the workplace authority and they helped me heaps. Got an email from my boss giving me some details of the afternoon shift we were talking about. I rang him back, asked him a few questions and I have to tell him after the weekend what my decision is. At this stage, I think I'll take it!!

    I will pop back in here after I've had that talk with the boss on Monday.. Will let you know! Thank you again!

  10. #10

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    Well, everythings been sorted out! Thank you everyone!!

    Just a small question now. The boss and I agreed to 15hrs a week, as permanent part time. He called me on Friday and said there was no work and not to come in. So, the question is, coz I'm permanent part time, am I entitled to be paid the 5hrs that I didn't work (I worked the other 10)?

  11. #11

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    i would think if you're permamanent part time and signed a contract as such, you should be paid, as it wasn't your choice not to work.

    from my understanding, it would only be unpaid time if you were a casual employee

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