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Hired Full Time Employment but Not Getting Full Time Hours?

Discussion in 'Employment Law Forum' started by Norma, 24 June 2014.

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  1. Norma

    Norma Member

    24 June 2014
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    I accepted a full time job in January for a February start . I started my position with 33hrs due to lack of available work at the time. I informed the employer prior to starting my role I would be available for 9 months due to application into the adf.

    Two days prior to starting my new job I found out I am pregnant, two weeks later I informed my employer and he assured me my position was "safe". From that day on, my hours dropped to 13hrs a week for 2 weeks at a full time rate. I then and still receive no work. I have not been issued a separation certificate. Is this fair? Is this legal under employment law?
  2. Paul Cott

    Paul Cott Well-Known Member

    26 May 2014
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    Hi Norma,

    This certainly doesn't seem right. You may have what is called a general protections claim, which is based broadly, in your case, on potential discrimination.

    If even only one reason he is giving you reduced hours is because of your pregnancy, even if it is among other reasons, you may have such a claim. Of course, it is also potentially discrimination, prohibited under state and commonwealth laws.

    Are you still getting paid? Are you sure you are actually employed full time? There may also be a breach of your employment contract here, depending at least on the answers to those two questions.

    Also there is a real question as to what is going to happen to your employment from this point onwards.

    I would see an employment lawyer ASAP. Be mindful, with general protections claims, there are time limits involved.

    Or you could call the Fair Work Commission or Ombudsman.

    John R likes this.

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