NSW Potential unfair dismissal

[Millie_Punch]

Hello! This is a bit of a complicated one..

I have been employed with my company as a casual for over 18 months now. Pretty consistently working 2-3 shifts a week averaging approx 15 Hours per week.

The current pandemic started and employees were being stood down and let go. I was one of the only casuals to retain my hours during the time of uncertainty.
Once jobkeeper was available for our business I was given a roster almost doubling my hours and days which I queried to which I was told they were the hours they had calculated for the jobkeeper payment. I responded querying the additional hours and was told I *must* work those hours to meet the jobkeeper payment.
I then asked (exercised my right) for a conversion from casual to part time to ensure the hours remain stable post covid. The response from them was to then cancel all my shifts and advised there was no work available and they woul continue to pay jobkeeper and advise me of any changes.

Today I discovered through social media that they have employed someone else to do my position (It's a relatively skilled and niche position) and are promoting it on social media without even informing me of anything.
I know i'm only a casual but had been working fairly consistent shifts for over 18 months in this particular role.
Have I been screwed around?

 

[Rod]

Probably.

They have likely done the wrong thing by you and jobkeeper, though they'll not be able to claim jobkeeper for the new employee.

Hard to know if you should kick up a fuss now, or wait till jobkeeper ends.

 

[Poidah]

Hard to know if you should kick up a fuss now, or wait till jobkeeper ends.

Kick up a fuss now I say.
At least then you have evidence that you had your hours cut due to your work complaint - conversion from casual to part-time. If you get sacked or dismissed after Jobkeeper ends, then you can argue it is due to a work related complaint and have evidence that they took someone on due to that complaint, rather than interview both of you formally and go through the appropriate processes, etc.

 

[Millie_Punch]

Yeah I figured I need to do something rather then just sit on jobkeeper, just sitting on jobkeeper without making a fuss shows that I am not concerned with the outcome.
I love my job and the role i've been doing for the last 18 months. Feels like a kick in the teeth having been replaced and finding out about it on the internet.

I have spoken to fair work a few weeks ago after the initial emails regarding jobkeeper hours and conversion to part time. They basically said until I have been fired there's not much I can do..

 

[Rod]

They basically said until I have been fired there's not much I can do.

Not true. Some employers mistakenly believe they can INCREASE hours under job keeper.

You can take the matter to the FWC without being dismissed and they can set-aside the order given by the employer. Though I am still not convinced it is in your best interests to do so if you want to take it further I can help.

 

[Millie_Punch]

If fair work instructs them to set aside the order does that mean I will go back to my position and hours I have previously been working?

I'm not sure I would actually want to go back to work for the company after all this sneaky business. The blatant trying to take advantage of extra hours from jobkeeper, the lack of communication throughout this whole process and then to find out on Instagram of all places that they have put someone into my position.

I dont understand why I would be deemed 'valuable' enough to be the only casual still standing during the worst of the restrictions only to have shifts cut as things are being relaxed.

My role is not one that can have its duties divided among staff, it was definitely expected to continue on after the pandemic.

The person who has been put into my role was someone I was introduced to, and from my understanding, was a partner in a new offshoot of the business.

 

[Poidah]

I'm not sure I would actually want to go back to work for the company after all this sneaky business.

Are you applying for opportunities and networking? That would be a useful bargaining chip when Jobkeeper gets rolled back and you are able to negotiate your hours more formally.
Covid subsidised courses are also available through federal and state funding, so maximising those at the moment is worthwhile.

 

[Millie_Punch]

I have a second job due to the main one being casual and needing additional hours for a liveable wage so I am still doing shifts there where available.
I have been considering doing a course related to the industry of my main employer but its not a typical course that can be done through TAFE or Uni.

 

[Rod]

What do you want?

 

[Millie_Punch]

It would be nice to have my job back but thats probably not going to happen.
Do I have recourse for a general protections claim? My shifts were removed immediately after requesting a conversion to part time as they were attempting to forc jobkeeper hours that i'm sure they had no intent of maintaining once jobkeeper has been wound back.