thread: Employer forcing unpaid hours

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  1. #1
    Registered User

    Jan 2009
    5,235

    I'm not sure what industry or what award you are under, but my industry (childcare) if we have anything unpaid - training or whatever, it has to be voluntary - staff are encouraged to attend, but you cannot legally make them.

  2. #2
    Registered User

    May 2007
    3,220

    I would just go in to police station on the day and get a Stat Dec saying that you couldn't work. It sounds really unreasonablr. I would expect TIL for my time. It just sounds dodgy. What does everyone else think? How many of you are expected to go?

  3. #3
    Registered User
    Add Mel_B1981 on Facebook Follow Mel_B1981 On Twitter

    Aug 2011
    Neerim, Victoria
    155

    It's unpaid maternity leave, but it just seems to make sense to stay there where I do have the security that my job WILL be there for me once if I decide to go back to work (although hubby and I are hoping that we will be able to make do on his wage and I can be a stay a home mum till school time).

    It's the entire 'sales' team expected to attend - all up close to, if not over 100 employees.

  4. #4
    Registered User
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    Aug 2011
    Neerim, Victoria
    155

    Have put the question to "Fair Work Australia" to see what they say.
    A close work colleague has also put a question to them about maternity leave as she's just been told something that does not make sense at all and now she's fuming as it's looking like she may lose her job if she takes maternity leave when her baby is born in June!

  5. #5
    Registered User

    Jan 2009
    In my own little fantasy world
    2,946

    Fact Sheet Parental Leave

    If she's been there 12 months & given 10 weeks notice, she is entitled to 12 months unpaid leave.

    I hope you get the answer you want.

  6. #6
    BellyBelly Life Subscriber

    Jun 2008
    In snuggle land
    4,499

    This may be me being cynical, but I offer this perspective: Life is too short to spend it being miserable. You spend a lot of time at work. If you dont enjoy it, you're wasting precious hours of your life that you will never regain.

    given that you are about to start ivf and have no idea how long that journey will take, I wouldnt be staying somewhere I'm miserable to earn 12 months unpaid leave. I'd go find a job I enjoy. If I happen to be there long enough to be entitled to unpaid leave, then great. If not, then not. You dont know what the future may bring. Even if you got pregnant tomorrow and birthed a healthy, live baby 9 months from now, would you really want to go back to work at this place later on?

    Just something to think about.

  7. #7
    Registered User

    Apr 2008
    Melbourne
    6,745

    Maternity leave is legislated and the employer needs to do the right thing by the legislation otherwise they can be reported to Fair Work.

    Personally I would be looking for another job as if you add up the time IVF may take and 9 months gestation then you will be eligible for the 12 months in the new role anyway.

    Unless your contract states that there are specific company events that you are expected to attend then they can't force you to attend them, especially if you required to be away for an entire weekend. If they sacked or warned you over non attendance then I would think that it wouldn't stand up as a reasonable reason for a warning. Reasonable overtime in your contract refers to a few hours here and there that you may be required to put into your work, "reasonable" does not cover an entire weekend! If you can't attend then I would take a written warning and file it away for reporting to Fair Work if they become nasty about it. Also if you are covered by an award you may be able to get a Union in to back you up.

  8. #8
    Registered User
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    Aug 2011
    Neerim, Victoria
    155

    given that you are about to start ivf and have no idea how long that journey will take, I wouldnt be staying somewhere I'm miserable to earn 12 months unpaid leave. I'd go find a job I enjoy. If I happen to be there long enough to be entitled to unpaid leave, then great. If not, then not. You dont know what the future may bring. Even if you got pregnant tomorrow and birthed a healthy, live baby 9 months from now, would you really want to go back to work at this place later on?

    Just something to think about.
    I have 0 intention of coming back here after what my work colleague has been advised today for her maternity leave. Will start looking for a new job effective immediately I think
    Last edited by Mel_B1981; January 16th, 2013 at 01:19 PM. : typo...