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SA Changes to Employment and Hours of Work

Discussion in 'Employment Law Forum' started by ryanspuppet, 12 February 2015.

  1. ryanspuppet

    ryanspuppet Member

    12 February 2015
    Likes Received:
    Yesterday I was handed 4 weeks notice that my hours of employment will go:
    1. from 30.5 hrs per week to 16 hours per week
    2. and my position to go from permanent, part-time (PPT) to casual.
    I work as an Administration / Officer Manager in the Manufacturing Industry.

    In order to have my facts in order before any further discussions with my employer I would like to know if the following applies:
    1. As an employee older than 45 and having worked for this company for 15 years, an extra weeks notice is required.
    2. Both employer and employee have to agree to any changes in hours.
    3. Since 2010, I am not eligible for any pay increase.
    Many thanks for your time.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi ryanspuppet,

    The first place to look is your employment contract:
    • What does it say under "job description"?
    • Does the contract allow the hours to be varied by the employer? If so, is there any notice procedure that must be followed first?
    If the employer is changing your role from part time to casual, they are not only reducing your hours but they should be increasing your hourly rate to make up for the benefits you're now losing out on (e.g. vacation leave, sick leave, health care). A new contract should be entered into for a casual loading. Also, are they paying you your accumulated entitlements due to you before the change?

    Take a read of the Fair Work Ombudsman's "Casual, part-time and full-time" position statement. If you still have questions, contact the FWO.
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