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NSW Redundancy - Am I Considered Permanent Part-time?

Discussion in 'Employment Law Forum' started by Murdoch2912, 15 August 2016.

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  1. Murdoch2912

    Murdoch2912 Active Member

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    I am employed at a charity as a casual in New South Wales and have been working the same days and hours plus sometimes a few more for nearly 9 years. Asks to be made permanent but told "not at this time" but now some of us are going to be redundant.

    Could I be seen as "permanent part time" for redundancy purposes or not? Some employees have already been made redundant by "power point" presentation so this charity is not really into being fair.

    Any help would be appreciated. My Union is not much help.
     
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  2. Workplace Law

    Workplace Law Member

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    Hi Murdoch 2912,

    Many charities and not for profits are covered by the fair work act. You have not said what your role is but I assume you are covered by an award which will also direct you to the NES in respect of redundancies.

    If you have been working regular and systematic hours for nearly nine years I would suggest that you are not a true casual and you may have a good argument as to your employment status being permanent. With that may come a claim for entitlements, also remember you will be entitled to pro rata long service leave under State Law.

    How many employees are within the organisation? If there are more than 15 employees then you may be eligible for severance payments as per NES.

    I hope this helps
     
  3. Murdoch2912

    Murdoch2912 Active Member

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    Thank you.

    There are 17 employees working where I am and we have a meeting this Friday so I may be on the "PowerPoint" presentation to be made redundant. My duties are, 'have a key to open the yard gates and close them, help with welfare and donations'.

    I used to work Saturday and Sunday but they took Sunday off me after 6 years and put me on Saturday and Tuesday. Same hours.

    Might need a solicitor.
     
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  4. Workplace Law

    Workplace Law Member

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    Sure Meredith good luck with that
     
  5. Matthew Lynch

    Matthew Lynch Lawyer
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  6. Murdoch2912

    Murdoch2912 Active Member

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    Hi Matthew,

    I am seeing my union rep this week. If they don't give any constructive advice, can I please contact you?
     
  7. Matthew Lynch

    Matthew Lynch Lawyer
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    Hi Murdoch

    That is no problem. Let me know how you go.
     
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  8. Murdoch2912

    Murdoch2912 Active Member

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    Hi Matthew,

    As of last Thursday, I have had my Saturday's taken off me and I now only have a Tuesday. Plus we have been moved to a new location and have different duties. I am registered as a retail assistant grade 1 but we are now having to work in front of a warehouse to take donations in an industrial area. They have now classed me as a warehouse worker. I have never agreed to this.

    My question is, before I accept anything, would you help me to come and see you to be able to get concrete legal advice? I have, as stated, been working 2 days per week ie Saturday and Sunday for 6 1/2 years and then because they close down donations, I went to Saturday and Tuesday for the past 2 years 3 months.

    I have a roster that is prepared a month in advance and have had this for the whole tim I have been there. They also after all this time want me to go permanent part time.

    I would like to know, can I get 6 years back annual leave, sick leave, etc as they clearly think of me as permanent part time?

    Sorry for the rambling but I am really upset by their treatment.
     
  9. Matthew Lynch

    Matthew Lynch Lawyer
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    Hi

    A phone consultation would be best, you can book one through the lawtap link in my signature.

    Wednesday would be best for me.
     
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  10. Murdoch2912

    Murdoch2912 Active Member

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    Hi Matthew,

    I can talk during my lunch time on Wednesday at around 12.15pm.

    Thank you for your help so far.
     
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