I took a $14400 salary cut 12 months ago in order to keep my job. Last week, I was asked to take a further cut of $19200. My Job description has also changed increasing my workload by 85%.
My Work Life/Home Life Balance has been destroyed. My boss has stated the amendment to the employment contract is non-negotiable and if I don't agree I will be made redundant. My coworkers have received 1 pay cut of 10-15% which is temporary whereas mine is permanent.
Can they force me to agree to this unfair and frankly bullsh*t proposal?
Hi Michael,
Before you make any decision as to whether your situation amounts to constructive dismissal and consider yourself to be constructively dismissed as a result of the situation, you have to actually make sure that you are protected from unfair dismissal (i.e. that you have been employed for a minimum period of employment and are not earnings above the high-income threshold etc). You, also, have to make sure that the Fair Work Act 2009 (Cth) will apply to your situation.
An unfair dismissal claim may be one option (i.e. an argument that your consider yourself to be constructively dismissed, because the changes to your position are so significant with such severe implication etc), however, you may have other options available to you such as bringing a general protections claim, whilst you are still employed, if, for example, your pay cuts were or may be as a result of you exercising workplace rights such as making complaints or enquiries in relation to your employment or for some other reason such as a disability etc.
If this is the case, you may be better of bringing a general protections claim and not terminate your employment and try and negotiate a different outcome or some sort of separation payment etc, before terminating your employment and alleging constructive dismissal (which is not always an easy argument).
As to whether your employer is allowed to reduce your pay, I would really need more information about your situation and position as well as all of the surrounding circumstances. If your employment is subject to an Award, the employer cannot contract out of the terms of the Award, unless the contracted terms are equal to or better than the terms of the Award.
In order to properly help you, I obviously need more information from you and you are more than welcome to give me a call if you would like more information about your situation at no obligation free of charge. I, also, often act frequently for employees in unfair dismissal claims and general protection claims on a no win no fee basis, so if you do have a case that is worth pursuing I will be able to assist you on the same basis.
Please click on the link
Benjamin Nicholson Law, Sydney NSW - LawAnswers.com.au Find a Lawyer if you want to discuss what options are available to you.