Employment Law - Are Programs Inherent Job Requirements?

[Deathbychocolate]

Hi.

I will try to make this long saga short.

I was employed in my current job 10 1/2 years ago. For the first 5 years, I did the job I was employed for. At 5 years, the business was bought by a big company who has a finger in many pies. It was here I started having problems.

I went from working one program to working 8 different programs. There were differences in each program requiring me to swap from one way of doing things to another. I felt like I needed to be a robot. I received a phone call informing me I would be doing a specific program that had issues so i could help sort through the issues. I refused to do it as I felt it was unsafe and it needed to have the issues sorted with pretend clients. I had my autonomy taken away from me and was forced to take sick leave. They refused to let me work my normal job.

Two years later, after many major issues and me almost dying I returned to work on a return to work program. I did fine and was back doing my normal work and work hours. As time went by my stress levels were rising as I continued to work like a robot.

Recently, I contacted my boss and told them I was having some issues with stress and asked if I could just do the one project till I felt better. I am still working my normal hours still doing normal days work the same workload as anyone else and I am also working on my stress levels anxiety, etc.

I'm seeing a psychologist I'm on medication I practice breathing control and thoughtful thinking. I am doing everything I can to keep working. My question, I guess is... is it inherent requirements that I must perform all programs?

I am able to cope with the one program and am able to provide a safe service to our clients I have never had a complaint in the 10 years. I am also safe doing one program. I know if I go back to all programs my health will suffer as they have made no changes to the program. Most people just quit when it gets too stressful but I really like my job.

I feel that I offer great service and am a valuable team member. I just want to be able to do what I do extremely well. If I am laid off as I can't do all aspects I feel it would impact greatly on my life.

Sorry, this got long.

Would doing all programs be an inherent requirement under employment law?

PS: our EBA agreement states I can be employed to do a specific task.

Thanks for reading

PPS: don't get me wrong my work are supportive but I just don't know if I will get back to being a robot!

 

[Lance]

Hi,
So are you actually still working under the same position description or has this evolved with your scope of work. I guess the organisation has the right to change work scope to meet the evolving needs of the business. That said if it is significantly more work you could expect pay / training or some change in your conditions. The other thing is if it jeopardises your health or the safety of your clients you should be able to raise this and have it addressed. I would make a call to the fair work ombudsman with the details of your situation to see if anything can be done.

 

[Deathbychocolate]

Hi,
So are you actually still working under the same position description or has this evolved with your scope of work. I guess the organisation has the right to change work scope to meet the evolving needs of the business. That said if it is significantly more work you could expect pay / training or some change in your conditions. The other thing is if it jeopardises your health or the safety of your clients you should be able to raise this and have it addressed. I would make a call to the fair work ombudsman with the details of your situation to see if anything can be done.

 

[Deathbychocolate]

Thanks for responding Lance. Yes My position description is the same. My work load is the same. We did have training. I have addressed my issues of safety with my team leader and the OH&S rep. No changes have been made. They see it as my anxiety causing the problem. I even addressed the fact that other staff brought these issues up in their exit interviews and still no one listened. Staff turn over is so high. Most dont last longer than 3 months. I'll give you an example:
Say you work in the Health Industry, you apply to work at a hospital, you learn the culture of that hospital and you work with stress but its what you would expect within your job, especially as you are dealing with possible life threatening situations. Then one day your hospital grows. It grows so big that you now work in every state of Australia. The cultures in each state are so different and you have to comply with each states rules and regulations. You are now not only working for your hospital, but every state health department in Australia.
I know the company needs to grow, but if my position description is the same does that mean the growth becomes an inherent requirement?
And yes I will contact the ombudman to see what they say as well Thank you