VIC Can I be terminated for refusing to move to full time hours?

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Mary Delavine

Member
10 May 2018
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I work for a Victorian government agency and have been on a flexible working arrangement, working part time for the last 10 years. Management are now wanting me to move to me to full time hours because they think it's going to get busier. I have 3 school aged children and have provided 2 medical reports disclosing my diagnosis of anxiety and clinical depression. They are now asking for a psychologist report and if I don't provide one they said I have to move to full time. If I refuse to move to full time (I genuinely can't, my kids only have me and I just can't afford the fees for after school care) can I be terminated?
 

Rod

Lawyer
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27 May 2014
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Possibly, if they do it the correct way. If their business needs are changing it is reasonable to expect changes in the workplace. The employer also has a duty to ensure you are safe at work, especially as you've given them a reason to query it.

By the same token they cannot discriminate because of your disability. Their counter argument will be they are not discriminating, it is a genuine workplace requirement moving to full-time hours.

Is there any mention of hours in your employment contract? What does their HR policy say about changes in the workplace? Are you part of a union that can help you negotiate through this difficult time?

Can you negotiate working from home? What about job sharing? Or increased hours but scheduled around school times?