QLD Contact salary to Hourly

[Scylon]

Looking for advise on a situation.



Employee signed a contact stipulating they were a salaried employee.

Employer sends a letter stating after discussion, they are making employee hourly. This rate is lower then the original base rate.

Employee informs employer in writing they had never received any information about upcoming changes nor would they consent to any changes to their employment contact.

Employer justifies this move due to the fact they are now paying penalty rates for weekend work, leave loading etc. (however this wouldn't make up for personal days on weekends, anual/long service entitlements etc).

Employee insists the point and states they are working under protest in writing.

Employer starts paying employee under this new, not agreed on rates.



Having talked to Jobwatch they have stated the employee can go to court for lost wages, however this isn't a one off situation, as this is all full time employees. The employer has just made these changes and won't address the fact they have rescinded employment agreements.



What course of action should the employee take?

 

[Rod]

The course of action you take depends on how much you value your current job, how long you have been employed, and size of employer.

You can play hard ball, and possibly lose your job, or keep putting them on notice you do not accept the changes or lay low, say once more in writing you do not accept the changes, and wait till you are ready to move and make a claim for back wages.

The last option has some risk in that by continuing to work there the employer will claim you are accepting the changes and as such any later court action may not be successful. No certainty either way.

 

[Scylon]

The course of action you take depends on how much you value your current job, how long you have been employed, and size of employer.

You can play hard ball, and possibly lose your job, or keep putting them on notice you do not accept the changes or lay low, say once more in writing you do not accept the changes, and wait till you are ready to move and make a claim for back wages.

The last option has some risk in that by continuing to work there the employer will claim you are accepting the changes and as such any later court action may not be successful. No certainty either way.

Hi Rod,

Thank you for the reply. In this particular case there is little care for the job in question as the plan is to go on maternity leave in 8 weeks from now. Also she has been employed there for 12 years, however only a salaried employee for 1.5 years. Finally this is a large company with many brands. It's to my understanding this action was taken towards all full time staff (moving them from their salaried contacts to hourly with no formal contacts).

 

[Rod]

Suggest hang on till on maternity leave.