VIC Employment Contract - Forced into a New Role Against My Will?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Elle Smith

Member
23 June 2017
2
0
1
I worked as a Customer Service Officer for 12 months until the department was split and my role changed title (no new contract or change in salary) to 'Office Administartor'. I have been very happy in this role for an additional 6 months, however after another employee resigned from 'Customer Service Manager', I was then offered to move back and manage Customer Service, which I formally declined.

A few days later they called me in and said the way the business is setup now they require me to be Customer Service Manager and it's effective immediately. They have now given me no choice but to move desks and take on this role. No increase of pay, no incentives, just a larger workload and responsibilities I do not feel comfortable with. I have not received any paperwork or an employment contract, just a typed up job description.

Could somebody please tell me if this is illegal?

Thanks
 

imanlore

Well-Known Member
24 June 2017
18
0
121
I worked as a Customer Service Officer for 12 months until the department was split and my role changed title (no new contract or change in salary) to 'Office Administartor'. I have been very happy in this role for an additional 6 months however after another employee resigned from 'Customer Service Manager', I was then offered to move back and manage Customer Service, which I formally declined. A few days later they called me in and said the way the business is setup now they require me to be Customer Service Manager and it's effeciate immediately. They have now given me no choice but to move desks and take on this role. No increse of pay, no incentives, just a larger workload and responsibilities I do not feel comfortable with. I have not received any paperwork or a contract just a typed up job description. Could somebody please tell me if this is illegal? Thanks
only a man requires
who is we
we, they, is not a man
i believe we they, is a what not a who

if a man wants to tell you what to do you need to be compensated fare and justly
send the man a bill after you compete the order
 

Matthew Karakoulakis

Well-Known Member
27 October 2016
69
13
224
Hi Elle Smith,

According to the Court in Quinn v Jack Chia (Australia) Ltd [1992] 1 VR 567, when an employee undergoes a change of duties, irrespective of with or without consent, such change may be characterised as the termination of an existing contract of employment, and the commencement of a new contract of employment.

If you think changes to your role are reasonable, you can request a new employment contract and negotiate to ensure the new terms in the contract benefit you. However, if you think the proposed changes to responsibilities are unreasonable, speak with your employer and be sure to clearly explain your position. Lastly, legal advice is a good option in understanding your rights regarding the changes to your job role and responsibilities.

Feel free to contact AMK Law on Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange a time to discuss your situation.
 

imanlore

Well-Known Member
24 June 2017
18
0
121
remember only man and [wo]man have rights and beliefs
employer has duty's ,obligations and can only maintain a position
dont request a thing
request means to ask or beg
you have to say i require
because you are [wo]man
your role is a employee
first your a [wo]man