Signed contract for work and they aren't following it.

Noragrets on 19/03/2015 - 15:50

Hey,
so I started working for a large well known company two weeks ago, it's a factory position pick packing and working on computers. Easy work. About 30 of us started. Half on a Monday including myself, and the other half on the Wednesday…

Now, in the contract we signed it said $26 an hour as we were suppose to be working after noon shift. That is what we signed and what we were told. We applied for an afternoon shift role So that is what we expected.

It has been two weeks and we are still on day shift when we were suppose to start night shift after the two day induction. This also means our pay is less at $22 an hour. We asked why and they said that it's because a big W order was pushed back until may and there wasn't enough work to follow through to night shift. we asked when we will be doing this night shift and they said could be until may. But they will let us know day by day.

I was okay with that. Not impressed but I want money so I won't get angry..

The thing is, we were just walking out of work and a bunch of new people who started two days after us are working night shift… and have been all week. When that was something we were all promised and what we signed for.

Is this at all wrong? considering we signed a contract for $26 an hour doing a late shift and so far they have said we might not be put on that shift until may but others who started after us have already started doing it?

Thanks

Education & Work

Comments

  • pernunz on 19/03/2015 - 16:06
    +2

    It would all depend on the wording of your contract. If you have a copy, post the relevant sections here, then it can be determined if it is in fact a breach of contract.

    If they are a large well known company, I suspect there would be a clause allowing for this change, however it would depend on the wording of the contract you signed.

  • nowlan on 19/03/2015 - 17:10
    +1

    Dont know which union looks after pick and packers. But I would approach one of them. They will look after you.
    They will also scrutinize your contract, best before signing, but still. Would cost you some money to be a member.

  • Davo1111 on 19/03/2015 - 22:20

    have you spoken to your boss?

  • tunaroll123 on 26/03/2015 - 10:45

    I'm confused on several points.

    1) You mentioned 3 types of shifts: day, afternoon and night. Is afternoon and night the same and interchangeable? And did the contract strictly say you will ONLY be working night shift?
    2) You signed a contract that states $26 per hour for a afternoon/night shift. But then you say you are getting $22 per hour for a day shift. That would imply the contract also states the pay rate for the day shift. If yes, there is nothing wrong, the company is paying you for your day shift.
    3) Other new people starting a night shift. You and the rest of that first group (and some of the second group) may just be unlucky to not have been chosen for the night shift. In a factory, I'd say its logical that workload would change day-to-day and will not be static in terms of the manpower needed. And from what it sounds like, you are on a casual contract, meaning you are likely to be 'on-call'. So if you are needed at night, you will be called on to do it.

    • Noragrets on 27/03/2015 - 23:45

      sorry there are two shift times.
      7.30am till 3 pm and 3pm till 10.30 pm
      afternoon/night I meant the same thing.

      when I say I signed a contract to do afternoon shift, that's what I mean. only afternoon shift. so they never did afternoon shift before but due to a massive workload they decided to make an afternoon shift hence the hiring of about 30 people. we were all hired to do afternoon and we were told at the interview as well as on paper that we would be doing 3 - 10.30 with a rate of $26 an hour.

      we were suppose to work on a Monday and Tuesday for an induction, and start night shift the following Monday..
      instead we worked Monday - fridy, then were told again morning shift the following week.. its been a few weeks now and im still starting at 7 where as others who complained and walked out over it are doing the afternoon shift.

      they told us that an order from big w had been pushed back till may so we might not be doing it until then as there isn't enough work, but that isn't our fault and I think its a little bit wrong of them to cut our pay as it was in the contract and it is not our fault that they cant organize themselves.

      it isn't so much a normal factory type job. we are casuals yes, but it is full time hours with no call ins. it is expected that you are there Monday to Friday..

      to be honest im getting used to the 6am wake up and I enjoy getting home earlier but I just wasn't impressed with the fact that we were told 26 an hour all throughout the interview process and because they lost the big w order we are now doing what we didn't sign up for. im happy either way but id like my $26 lol

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