LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Employment Rights - Redundancy of Position - Possible Demotion?

Discussion in 'Employment Law Forum' started by Bingle21, 24 March 2015.

  1. Bingle21

    Bingle21 Member

    Joined:
    24 March 2015
    Messages:
    3
    Likes Received:
    0
    Hi.
    Looking for some help on if I am being harshly treated by my employer.

    The Director of my department at work called me from head office recently and informed me (along with a HR representative present there) that my job title was changing. I was told it was not a demotion and that pay and conditions and staff/reports would remain unchanged. They said there would be minor changes to the new position description (PD) and that they would send it through later that day and that I could comment on anything that had been missed. I was told the same position in another state was being made redundant (but they had not told that person yet) as they were adding extra duties to that position.

    I was asked to communicate these changes to my staff/reports later that afternoon once they alerted me to do so (e.g. once the person in the other state being made redundant had been told). The director said that should I wish, that at any time she would provide me with a reference to apply for a new role referring to my role with the organisation as a State Manager role (my old title) rather than a Senior Executive Officer (the new title).

    After receiving the PD I emailed HR saying I would have feedback. 3 hours later (before I had given them my feedback) the change was communicated to other staff and among other things it was mentioned “this is not a demotion”. After comparing the new PD to the old PD for my State Managers role I noticed that most/nearly all references and language that may have referred to this position as being “high end/status” had been removed from the PD. So words like Strategic, Planning, Organisation, Manage, Stakeholder relationships, etc, had been almost entirely removed. I feel that this has massively diminished the role, its responsibility, and its status, and is not the management position that I originally signed up for. This along with that fact they keep saying it’s not a demotion (which to me shows that is how it’s viewed by others in the organisation) indeed make this feel like a demotion.

    I passed on my comments on the PD to HR/Director and asked that my title and PD remain unchanged until my role becomes vacant down the track, along with that I felt that I had not been consulted in this matter (merely that they had just communicated the change to me and others without giving me a chance to respond).

    I had a meeting face to face with the Director and explained my issues with the change. She said they would look at it and I was told the title is unlikely to be able to revert to my old/current State Manager title, but they will look at my comments on the PD. She also asked if the changes were not reverted if I would remain in the role/organisation. And also asked if my manager had not spoken to me on the restructuring of my department. I replied that I had been told that there was restructuring in the State offices potentially happening but changes to my role were never mentioned. I have since been informed that my title/PD will remain as advised.

    I feel like they are trying to push me out of the role/organisation with this change (I am also due for pro-rata'd long service leave in 12 months). And that if I stay it will affect my potential future employability in management roles and my ability to move up in management roles.

    What can I do here? Is it within my employee rights to ask for a redundancy or if I was to leave, would it be constructive dismissal?
    Thanks
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Bingle,

    I apologise for the lengthy delay in responding to your query.

    Is this situation ongoing for you? If so, what else has happened and what do you still need help with?
     
  3. Bingle21

    Bingle21 Member

    Joined:
    24 March 2015
    Messages:
    3
    Likes Received:
    0
    Hi Ivy.

    Yes ongoing sort of. I have basically just had to accept the change and move on. Received no give from HR/Management on this. The just pushed the line that it wasn't a demotion, I was getting the same pay and that the Job title and PD better reflected what I actually do. I am due for Pro-Rata long service leave in March so I will possibly just wait it out until then and then move jobs (unless I can find a much better paying role in the mean time).
     
  4. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Bingle,

    You said that you think that your employer is trying to push you out of the organisation. Do you have reasonable grounds to suspect that you are being discriminated against based on gender, age, race etc? If not, then I cannot think of another employment law that your employer may be in breach of.
     
  5. Bingle21

    Bingle21 Member

    Joined:
    24 March 2015
    Messages:
    3
    Likes Received:
    0
    No I don't feel that those (gender, age, race) are the reasons. I feel this is more because I am due for Long service so they would be happy for me to leave (evidenced by the offer for a reference and asking if I would leave if no change is made) so they wouldn't have to pay me out. I also feel they would like to restructure my state office further and potentially get rid of my role totally but would then have to make the role redundant. However if I just leave it would allow them to restructure freely.

    P.S. You advice/help is much appreciated Ivy.
     

Share This Page

Loading...