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VIC Employment Law - Should New Position be Given to Casual Employee?

Discussion in 'Employment Law Forum' started by RachaelB73, 30 July 2016.

  1. RachaelB73

    RachaelB73 Member

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    I am a permanent full time employee for a company that I have worked for approximately 4 1/2 years. Three new casual staff have been hired on within the last 6 months to do the same sort of work that I have been employed to do.

    In the last 2 months, the workload has decreased quite dramatically and another position in the factory became available. I wasn't even offered that position, which I'm quite capable of doing, but it was offered to one of the casual employees who has only worked at the company for approximately 4 months. Now they are telling me that my hours will have to be reduced or termination of employment.

    Should I have been offered that position before the casual employee under employment law?
     
  2. Matthew Lynch

    Matthew Lynch Lawyer

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    It sounds like they are trying to get rid of you unfairly. Is the position that was offered to the other casual a permanent position?
     
  3. RachaelB73

    RachaelB73 Member

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    The position is a permanent position
     
  4. Matthew Lynch

    Matthew Lynch Lawyer

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    Rachael

    Subject to any additional information you provide, it appears to me that your employer has taken adverse action against you, by threatening dismissal unless you accept a reduction in hours.

    I am willing to speak with you initially for free to discuss your options moving forward to protect your interests if you wish.

    You can request a telephone conference with me through this link: Matthew Lynch - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly.
     

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