NSW Employer advertising job similar to my own

[BarneyB]

Hi,

My employer purchased another business late last year and I was placed into that business. I had a brief verbal remit of my role, nothing in writing, and my employment contract has remained with the overarching group, job title unchanged etc.

I have been in a management position in the new business and have several departments reporting to me; I have had positive feedback from senior management and have achieved strong results.

Last week it was announced without any discussion with me that a new position was being created that would be managing the departments currently reporting in to me, plus the remaining 1 department of the business that is not.

I haven't had any information provided to me about this or what it may lead to; company wide internal applicants were invited. I have requested information about what the structure may look like after this appointment is made, but nothing has been forthcoming.

Where do I stand?

 

[Rod]

Your position has not yet changed so all your rights are currently in place and not been contravened.

What rights you have depend on your salary and your employment contract. If your income is >$142K (2017/18 limit, goes up another few $Ks in a week or so) then you are not entitled to unfair dismissal. But there can be ways to deal with this and you should see an employment lawyer should you need specific advice.

Until the employer takes action to your detriment there's not much you can do, or should do. It may be for instance you go back to your old role which would be inline with your contract. Taking preemptive action may be to your detriment and may simply telegraph your moves to the employer.

If it was me I'd do my best applying for the job and then wait to see what happens.