QLD Forced Demotion - Help with Dealing with HR and Employment Contract?

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Maree70

Member
15 May 2019
1
0
1
Hi there,

I am currently employed by a large government organisation that comprises of multi sites within a district.

I went on stress leave using my sickness or health insurance from a management position due to bullying and mental fatigue in June of 2017. In October of 2017, I was cleared by my GP and Psychologist to return to work at any other site within the district but not at the current site of work.
I was contacted by HR that stated I had to attend an independent medical examination that was booked in January 2018.

The Psychiatrist confirmed the same as my GP and Psychologist but HR didn't place me into a temp contract at the same pay level until March 2018. During this process, even with clearance, I was waiting around being paid from my insurance. Once the temp contract was completed in January 2019, I was then forced to go on leave and exhaust all of my leave balances as HR could not find another position at my pay level to work in. I was then notified by HR when I questioned what would happen when I had no leave left that I would revert to leave without pay.

In desperation and unable to not earn an income they said I would be better off taking a temp contract at a lower level to still receive an income for 8 weeks.

This employment contract is about to expire and HR still doesn't have a position and they have no idea what will happen.

Any help would be greatly appreciated.

Many thanks!
 

Adam1user

Well-Known Member
5 January 2018
540
32
2,219
Hi there,

I am currently employed by a large government organisation that comprises of multi sites within a district.

I went on stress leave using my sickness or health insurance from a management position due to bullying and mental fatigue in June of 2017. In October of 2017, I was cleared by my GP and Psychologist to return to work at any other site within the district but not at the current site of work.
I was contacted by HR that stated I had to attend an independent medical examination that was booked in January 2018.

The Psychiatrist confirmed the same as my GP and Psychologist but HR didn't place me into a temp contract at the same pay level until March 2018. During this process, even with clearance, I was waiting around being paid from my insurance. Once the temp contract was completed in January 2019, I was then forced to go on leave and exhaust all of my leave balances as HR could not find another position at my pay level to work in. I was then notified by HR when I questioned what would happen when I had no leave left that I would revert to leave without pay.

In desperation and unable to not earn an income they said I would be better off taking a temp contract at a lower level to still receive an income for 8 weeks.

This employment contract is about to expire and HR still doesn't have a position and they have no idea what will happen.

Any help would be greatly appreciated.

Many thanks!

My first advice is to seek an employment lawyer advice. Based on my basic knowledge, the agency has tried it's best to accommodate you in the same position but is not able to and that is why they are offering a second option. Note that saying you were bullied in your work place, this does not go well for you, they may have different motives when offering positions to you.

If you are having a problem with the agency, I know this is hard and not easy, but it is better for you to leave and find something else. I know you may have family responsibilities and commitments, as I said it is hard and not easy.
Good luck.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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926
2,894
I agree, see a local employment lawyer. They will need to know if it is Federal or State government department as a starting point.