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QLD Can Employer Advertise My Position While I'm Still Employed?

Discussion in 'Employment Law Forum' started by Darren4516, 30 June 2015.

  1. Darren4516

    Darren4516 Member

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    I think my employer is advertising for my position that I am currently filling. I have seen a job online that would be coincidental if it was another company advertising it as it reads word for word my current role/position.

    I am not on probation and am not under any work management plan. I have been with the company for over 10 years.

    Apart from this being very unprofessional, is it legal under employment law?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Darren,

    The advertisement by itself probably doesn't breach any laws. However it could point to something else that's going on that may be problematic.

    1. What type of contract are you on? Casual, permanent?
    2. Have you given notice or do you have reason to believe that your position will be terminated?
    3. Do you have reason to believe that your employer is unhappy with you and may be wanting you to leave?
    4. Is your employer expanding? Maybe they just need more people to do your job.
    5. Is your job unusual? How likely is it that another company is advertising for someone to do a job the same as yours?
    Is there an HR department at your workplace? If your job is unusual and you are reasonably confident that your employer placed the advertisement, go and talk to HR or your manager and ask them about it.
     
  3. Darren4516

    Darren4516 Member

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    I would rather keep it away from management at this early stage. I was just getting some info before I approach them on this

    Hi Ivy

    Thanks for your advice. I have added in blue answers to your queries although I doubt it changes anything legally speaking.

    Darren
     
  4. Ivy

    Ivy Well-Known Member

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    Hi Darren,

    If you don't want to approach management yet, then at the very least take a screenshot of the ad showing the date it was posted. It will be useful evidence if something dodgy does happen (e.g. you are asked to take a redundancy or your position is terminated).
     
    Sophea likes this.
  5. Sophea

    Sophea Well-Known Member

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    Hi Darren,

    I agree, there is nothing wrong with simply advertising your position, who knows it might be something as innocent as - they need another one of you at work. Until they dismiss unfairly, there is nothing you can complain about. As Ivy suggests though, take a screen shot of it for sure to hide away as evidence just in case.
     

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