VIC Part timer being denied advancement

Discussion in 'Employment Law Forum' started by Clapton, 12 April 2019.

  1. Clapton

    Clapton Active Member

    Joined:
    26 November 2015
    Messages:
    7
    Likes Received:
    0
    Hi. I was employed in my role around 2.5 years ago on a part time basis with the intention of having a job share role to manage the company employing me. The lady who was employed at the same time as my job sharer didn't last the week, so it then became just me and the boss.
    A couple of failed attempts at recruiting and then he got it right and now there are 4 other office staff, all full time, as well as 2 off-shore employees. I am by far the oldest of all, being of an age that I could be everyone's mother, including the boss.
    From the very beginning I have worked one day in the office and the other 2 days at home. It was mentioned in the job ad, and also in the preliminary phone interview that I would be working from home. I have stepped in and worked extra days as required, usually when he has taken on new employees and needed to train them, and I keep the ball rolling. Up until about 2 months ago, I also worked most Saturdays. Along the way there have been offers made and withdrawn, one of them including a $20,000 financial year bonus (this before any of the current employees were hired).
    About 8 months ago there as an incident which put myself and another employee at a distance. While I tried to keep a polite interaction going, the other employee chose to completely ignore me, not acknowledging my presence ever, even in front of the boss or other employees and not sharing information which while not absolutely relevant to my work, would have been very beneficial and time saving. It was clear to myself and others that she was on a mission to push me out of the business. This went on for some time until I confronted the boss and told him I would not be coming into the office while I was receiving such treatment because I was becoming stressed and anxious at the thought of going into the office, and tried to indirectly suggest that he should deal with such unprofessional behaviour. He said ok, I should work from home permanently!!!???!!!!
    I have done so now for the past 6 or 7 months. During this time another employee was hired and resigned within 8 months because of the "toxic environment" and unsupportive nature of the office and other employees have complained of the toxicity and favouritism displayed. This has caused the boss to bring in consultants to try to rectify the problems now existing with the office culture.
    The result of this consultative process is that I have been advised I will now have to work at least 2 days in the office while still being allowed to work one day at home. Another result has been the main perpetrator of the toxic behaviour and the object of the favourtism having been included in all discussions relevant to "moving forward" and in creating policies and procedures which will be introduced.
    I am the only person in the office with experience in every role (apart from the boss) and have offered up my interest time and again in training, recruitment, policy making etc etc however have never been included in any of those processes or offered any extra duties or responsibilities.
    So I am now being forced to change my lifestyle by going into the office to perform the same duties I have done for the last 6 or 7 months at home, and certainly for the last 2.5 years at home for 2 days and in the office one day, with no additional role or responsibility requiring me to be there. It is also being "suggested" that I will need to consider working full time if I am to be a part of this new "team", and it has been implied that if I don't "consider" going full time, there may not be a place for me in the business. SO, after that very long winded summary, my questions are:
    1. Can I be forced to work in the office after having been performing my duties adequately at home (either 3 days, or 2 days and one in the office) after pointing out bullying behaviour; and
    2. Do I have any sort of recourse for the fact that I have been denied any sort of advancement due to the fact that I am part time, even though that is how I was hired to begin with?
    I get that as a company grows, things change and there is a requirement to change and grow with the company, but I have never been involved in that growth or change and have to say I am feeling very un-inclined to be cooperative.
     
  2. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,963
    Likes Received:
    828
    1. Yes. A review of the workplace indicates the work should be done from the office so it becomes part of the job requirements.

    2. Only if the jobs for advancement can be worked part-time. If the change in position requires full-time effort and you have not been willing to work full-time there is no discrimination and therefore no recourse.

    It seems like the business is changing and you may need to change with it or be left behind/out.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Clapton

    Clapton Active Member

    Joined:
    26 November 2015
    Messages:
    7
    Likes Received:
    0
    Surely I cannot be forced into working full time?

     
  4. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,963
    Likes Received:
    828
    Not necessarily. Job sharing may be an option.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;