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Required Flexibility In a Permanent Part Time Role - Uncompromising Employer
Strahany on 28/06/2017 - 22:11
Last edited 12/07/2017 - 01:06
Last edited 12/07/2017 - 01:06
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This company has a track record of using casuals as a way of phasing someone out.
Moving to casual facilitates them hiring a new part timer, which in turn will mean that my hours will drop to effectively nothing once the replacement is hired.
Surely casual jobs are a dime a dozen.
What field?
Retail Sales.
I would prefer to keep this job as, despite the tactics they tend to refer to, I like working there and I've had bad experience with casual work in the past. Plus, existing employers are typically more accommodating of an employee's needs, whereas fronting up to a new employer with altered availability isn't ideal.
Does your PPT contract stipulate specific hours on specific days? i.e. Are you now contracted specifically/exclusively for Saturday and Sunday hours?
There are is nothing in the contract regarding set days and set hours (only minimum hours per week - 12)
However, the roster is usually consistent, with everyone keeping the same shifts for months at a time. Specifically, I was originally working Fri-Sun for approx 3-4 months, before having the Friday removed for the duration of the placement block, with my agreement that I'd be happy to pick it up again and/or other shifts when not on placement.
I'm not sure if having a typically static roster makes a difference.
I'm not sure if having a typically static roster makes a difference.
It definitely would if your contract stipulated specific days that you were to work, which is standard across most retail.
Who is threatening you with this? Your store manager or someone higher up (regional manager or someone at head office)?
If it's the store manager, perhaps there might be another nearby store you can transfer to?
It's the higher ups, although the store manager doesn't seem to be particularly sticking up for my case.
yeah, or just work 3 days. put in some hard hours. and then when you have kids you can say you used to work 7 days a week.
I can already say that I used to work 7 days a week, but risking having to waste my time on repeating, not to mention thousands of dollars in Uni fees, means that I toned it back to 6 which is still far from easy.
If the contract doesn't say 3 shifts per week, then you don't need to do 3 shifts per week. You've covered the 12 hour requirement. The tricky part is the "additional as necessary".
Document your discussions with them. Date, time, who you spoke to, what they said, what you said.
Talk to an employment lawyer.Is there another manager you can talk to? Someone higher up? Do you have some proof of how great an employee you are that you can show them?
Yeah, I think they utilise the ambiguity in "additional as necessary" as leverage in situations like this.
The higher ups are the ones driving this. And I've spoken about how I've gone above and beyond in the past, but their response is "well, that's just your job" which is a load of crap since I know that their return on investment, with respect to my wages, is much better than for other employees.
Can the lower level management help you out? e.g. schedule you for 3 shifts: Sat AM, Sat PM, Sun.
The roster has to be approved by higher ups, unfortunately. They'll read it and shoot it down
" I believe that they cannot force me to change my employment contract to casual, so I am not too worried about that"
I wouldn't say that is entirely true. Sure they can't force you though they could end your part time employment. Your contract is not some sought of magic document that means your part time job can't be ended.. sure it helps you though doesn't stop the possibility. If your PT employment ended and you were made casual then it would be much the same as a termination. It would need to be fair,just and reasonable and you might be eligible to redundancy. Put what you have said above in regards to your record of flexibility in writing to the appropriate person (HR) etc.
It's also unusual for PT employment to have such flexibility… I'm guessing you are covered by an enterprise agreement rather than the Retail Award?
Unfortunately, I'm not too learned about the differences between an enterprise agreement and the basic retail award, so couldn't say for sure.
Given my duration at the company, redundancy would almost be more favourable than having to consistently address these issues as they arise.
Almost all employees in Aus in the retail sector are covered by an agreement or the retail award. The retail award contains the specific laws that cover workers in retail including such things as how a part time worker should be engaged. The General Retail Industry Award 2010 (its full name) requires part time workers to have set hours rather than providing a range of hours. Some companies have their own enterprise agreements (agreed to by employees and passed as law by the Fair Work commission). These agreements may have some different conditions. An example is a Woolworths agreement that provides door a min and a max for part time workers each week rather than a set number. Best to find out what you're covered by to know where you stand. You can ask your employer which award or agreement you're covered by. Fair work ombudsman may also be able to help.
You'd make more money working weekends on a casual wage… Just saying