NSW Redundancy - Am I Considered Permanent Part-time?

[kimsland]

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.

Are you still with the same employer, or employer contract? But now on reduced hours?

If you are commonly known (for years) as a 'retail assistant grade 1', have you now received any documentation you have changed to: 'warehouse worker'? These roles differ significantly, so much that it 'looks' as though your last role may now be redundant.

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.

You are most definitely a part time employee not casual. Your work of the last 2 years (Saturdays and Tuesdays) seems to be your normal role. In any respect you have always worked 2 days a week at part time shift

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.

If your roster is prepared a week (or month) in advance and your hours are known, so much so that if you did not come in, others would wonder where you are. Then yes you are covered by Part Time / Full Time law.

The offer of 'permanent part time' will help strengthen your position if you pursue it. Actually even the proposal itself (in writing or heard by others) is enough to confirm your normal part time entitlements (of at least 2 years back, but any judge would likely award your entire employment as 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?

I say yes, but not 'sick leave'. Sick leave is not an entitlement you can earn money from. It is just as reasonable anyone can work 6 years without taking 1 day sick leave, therefore sick leave will not be paid out to you. Annual leave + loading yes.

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

It really depends on if 6years x ~100hours Annual leave PA = Approx $1000 is really worth you continuing to work there. Although $1,000 would be absolute bare minimum it is still reasonable that any judge would only award that!

Anyway, this is my first post here, so what do I know