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WA Work Hours Cut - Challenge Roster?

Discussion in 'Employment Law Forum' started by Gudguhrl, 13 September 2014.

  1. Gudguhrl

    Gudguhrl Active Member

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    My hours has been cut to 42.50 hours per forth night from 60-68 hours per forth night. My minimum contract of hours is 30.7 hours since 2012...and I've been doing 60-68 hours or sometimes even more ever since I worked there. I work in Aged care as a carer for 5 years where I worked and never been so low hours like now. I am going to face financial hardship because of this.

    I have contacted my Australian Nursing Federation and the only advice they gave me is request for my contract of hours to be reviewed which I did and our head office said I have to wait until Enterprise Bargaining Agreement is finished and settled so I am waiting for that. I put my name available on the days I am available so they can call me if there's any available shift but they didn't rang they got an agency instead.

    I am in a lot of stress ever since and especially now plus I am pregnant, with regards to my pregnancy I have no restrictions to work I am okay to work as said by my GP. my brain is everywhere now and can not think straight. What can I do? I need help desperately, plus I contacted our head office HR coordinator and told her everything and she went to see me and my manager said to my manager to look up my hours. But now when I saw the new roster it's still the same 42.50 hours. I forced my self to cash out some of my annual leave hours to make up my lost hours and still pick up shift to raise up my hours but nothing. I hope somebody out there can help me or give me advice.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Xielo,

    If you are contracted for a minimum of 30.7 hours, I'm assuming on a casual employment basis (is this correct?), then it is within the employer's discretion to give you above this amount. They have only agreed to offer you a minimum of 30.7, not maintain 60-80 hours a week. They most likely hired you on a needs-basis. Meaning, if demand is high, your hours will also be high. And if demand slows, your hours will then drop. Further, there are issues with overtime payments above a certain amount which may not be financially beneficial for the employer to pay and the employer is within their rights to avoid this by allocating less hours to a greater number of employees.

    If this is causing you financial difficulties, you can contact a financial counsellor who can look at your income and expenses and assist you to better manage your finances on this new income. Your local community legal centre should offer financial counselling services.

    You may also contact:
    - Employment Law Centre of WA: an independent, not-for-profit legal centre in WA that specialises in employment law.
    - Financial Counsellors Association of WA: offers free, independent and confidential information, advice and assistance in financial counselling.
     
  3. Gudguhrl

    Gudguhrl Active Member

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    Hi, I am permanent part-time for 4years now
     
  4. Gudguhrl

    Gudguhrl Active Member

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    Our nursing is a high care facility and we need carers all the time.. That's why they are calling agency all the time, instead of calling their own staff like me I am available to work but never called me. I feel I am bullied by our roster guy because he's not giving me enough hours of work, I put my name available when there's available he won't call me instead he will get an agency this just happen recently and I feel he's doing this on purpose. I told our HR coordinator in our head office and she came in and talk to me and my manager and she asked my manger to look up my hours and my manger agreed but still on the new roster still the same so basically nothing happened
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Xielo,

    Did the roster coordinator give you a reason as to why your hours have been cut? Have they recently taken on agency staff? Employers are generally allowed to prefer agency staff to own employees if agency staff costs less. There is no law that prevents the employer from hiring agency staff to cut costs as long as they satisfy the minimum hours contracted for own employees. I do not believe this constitutes unfair treatment or discrimination. This is because the employer (and the roster coordinator) has not breached minimum requirements.

    However, if you still believe you are being discriminated at work, you may contact the agencies I listed above.

    Best of luck.
     
  6. Gudguhrl

    Gudguhrl Active Member

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    They prefer our own staff instead of agency because agency costs more. Our manager has a memo that they prefer staff to pick up shift instead and she support this 100%
     
  7. Gudguhrl

    Gudguhrl Active Member

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    Before all of this happened I have conflict if interest to our roster and when I came back to work he suddenly lowered my hours after 4-5 years of same hours 60-68 after that conflict of interest he did that but in a safe range and being wise. It is said in fair work that they have to notify the employee if they are going to change roster.
     
  8. Gudguhrl

    Gudguhrl Active Member

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    I do not want to talk to our roster as every time I see him my blood is on fire and I am pregnant I don't want to stress that much as I am already in the last 3-4 weeks and looking to seek help professionally to cope up with stress at work. I've done what I could but seems like a carer will always be under the foot of this people controlling the place the way they wanted
     
  9. Sarah J

    Sarah J Well-Known Member

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