NSW Private School Employer forcing me to reduce my working hours

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Kathy_024

Well-Known Member
16 November 2021
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0
71
Hi, I have been with a private school employer for just under 2.5 years in Sydney. I am an experienced high school maths teacher and have held executive positions for numerous years with a couple of the most prestigious independent schools.

Due to family illness I resigned from my last position and after a period of time decided that I just wanted to work part time as a classroom teacher. I landed this job at a school that has 150 students spread across 7-12. What I didn't know at the time, was that this school is privately owned by 1 individual and the focus is on income with no regard to staff, and a superficial interest in the students. In the time that I have been employed there, the staff turnover is 50% (I'm not kidding) because the owner scrimps and underpays all staff. We are attached to a childcare teachers award.

Anyway, the issue as the only Maths teacher there teaching 6 classes, which is unheard of. I was told last week that 1 of my classes would be given to the new junior teacher starting next year and my hours would be reduced. As you can imagine, I advised the owner that I'm not prepared to take a pay cut. I contacted Fair work and they advised that I have to be consulted not told and If I refuse then that triggers a redundancy.

My question is, as the class is being transferred to a new graduate there is a considerable difference of pay between both of us. Therefore, this school cannot argue that enrolments have dropped off (because the numbers are strong) and they can't afford me. (Plus this school was given $177000 in job keeper payments when enrolments remained consistent. My employment contract clearly stipulates that I am permanent part time.

Can someone please confirm what my options are? I am applying for work and I'm sure I will have a new job within a couple of weeks. After that initial meeting with the owner, I have advised them that all correspondance needs to be in writing.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi Kathy, I am not sure it is a redundancy, it is probably a breach of the employment contract though. But the issue is then, what is the remedy or the result or legal consequence of that - damages may be your remedy, measured by the difference in pays. Happy to help further if necessary or if you wish.
 

Kathy_024

Well-Known Member
16 November 2021
18
0
71
Thank you for your response. I'd like to resign and note that my contract does not refer to any notice period. We are paid fortnightly, but, this award that is referred to in my contract refers to 7 weeks term time as written notice. How can I get out of this and just provide 4 weeks notice during term time?
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi Kathy, you can always at least try to negotiate the terms of your exit, including the term of any notice period required.
 

Kathy_024

Well-Known Member
16 November 2021
18
0
71
Hi Kathy, you can always at least try to negotiate the terms of your exit, including the term of any notice period required.
Thank you. If my employer insists and reduces my hours and I subsequently resign obviously due to this action, does this constitute "constructive dismissal?"
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Thank you. If my employer insists and reduces my hours and I subsequently resign obviously due to this action, does this constitute "constructive dismissal?"
Hi Kathy, sorry about the delay in my response. Those circumstances in my view are not enough to be constructive dismissal. Constructive dismissal is a very very high bar and it has to be a resignation under circumstances so pressing as to actually mean you had no other choice but to resign.