Work Contract - Job Made Redundant with 2 Day Notice with Offer to Return to Previous Role

[Deactivated] on 30/04/2019 - 08:09

Hey all,

So we team of 4 were given a another contract for a project of data entry and the project is in hold at the moment due to some reason we are not told why.
The job was for 9 months as told and now they told us that project is paused and will no longer require us to do this anymore. They told us to go back to the original role 2 months into the contract.

Our contract says " this is a limited tenure agreement that shall commence on 21st feb 2019. The end date may occur before or after 8th of november 2019. The dates for the project may be subject to change and will be discussed with the staff member. The staff member will revert to original role once project is completed."

Many of us have made changes to our life and made other commitments with this role due to change of shift times and increased pay.

We ll be disadvantaged with hours of work per fortnight + hourly rate, along with some team members have resigned other jobs as well.

Is there any suggestions to what our right are? Or is the employer doing this within the legal limits by not offering any compensation or giving us notice.

I will be calling fairwork when they open today to get a feedback as well.

Education & Work

Comments

  • SBOB on 30/04/2019 - 08:23
    +10

    The end date may occur before or after 8th of november 2019.

    pretty sure your contract points out that it doesn't have a fixed length

    • [Deactivated] on 30/04/2019 - 08:30
      -1

      That is correct but is it possible to get anything out of the it or We ll just have to suck it up?

      • Donaldhump on 30/04/2019 - 08:43
        +10

        Sure you agreed to a contract but now it doesn’t work in your favour you want to complain about it,

        No is the answer. People get made redundant every day

        • [Deactivated] on 30/04/2019 - 08:45
          +3

          Ok. Thank you for your response :)

          • Donaldhump on 30/04/2019 - 12:16
            +1

            @[Deactivated]: i got hired by a company who went bankrupt 3 weeks later, i was at a loss why they hired me, but oh well cr*p happens.

            sucks but gotta save for a rainy day, wait till you are 50+ and every company thinks you are a write off

            • vinni9284 on 30/04/2019 - 12:39

              @Donaldhump:

              wait till you are 50+ and every company thinks you are a write off

              Not necessarily, it depends on what type of work and your background qualifications/experience.
              If it is labour intensive then maybe ..

              Cheers

  • GG57 on 30/04/2019 - 08:31

    It seems legit to me.

    • [Deactivated] on 30/04/2019 - 08:45

      Ok. Thank you for your response :)

  • whooah1979 on 30/04/2019 - 08:34
    +1

    This is the nature of contract work. Get paid well when there is work and be made redundant when there isn't any.

    • [Deactivated] on 30/04/2019 - 08:45

      Is there not any requirement on notice period though?

      • geech on 30/04/2019 - 08:57

        The notice period should be written in your contract

        • [Deactivated] on 30/04/2019 - 08:58

          it is not mentioned anywhere.

      • dust on 30/04/2019 - 08:57
        +1

        For contract work, usually no. As mentioned above, you have a higher daily rate as a result.

        • [Deactivated] on 30/04/2019 - 08:59

          I see. thank u

        • 87percent on 30/04/2019 - 11:37

          our contractors is literally you can be told today not to come in tomorrow..

  • orangetrain on 30/04/2019 - 09:09
    +2

    You should have a fund for inbetween jobs for contract work. Ie two weeks or for how long you expected redundancy to be

    If you can't afford it, you need to pick a higher paying job.

    • whooah1979 on 30/04/2019 - 09:30
      +11

      Back in your box, Hockey.

  • Halo375 on 30/04/2019 - 22:10
    +5

    Be glad they have another job to put you back to. Most people just get shown the door. Be positive about it, make them aware you were excited by the opportunity and would be interested in doing more work like that if it comes up again. Position yourself for the future.

  • farknos on 01/05/2019 - 08:35
    +1

    seems unfortunate but?
    do you think they deferred the contract to shaft you and the other 3?
    as others have said, sh!te happens and luckily for you 4 you all get to go back to your previous roles/pay.
    i wouldn't be expecting an in depth explanation on why the contract is deferred.
    be happy you may get the contract offered to you at a later date if you take the bad news like an adult know.

  • mikekiwimike on 01/05/2019 - 08:43
    +1

    I dislike keyboard warriors …… but mate did you not look at the contract that you have shown us? It says your role can change back at anytime and may not be until the anticipated completion date.

    Don’t over commit based on a short term contract and always hope for a lot and plan for the worst. I do not think it’s a fair expectation of yours to be wanting more from them, they were clear in what was offered.

    Good luck

  • Pedrotheduck on 01/05/2019 - 09:28

    I wouldn’t be too quick to dismiss anything. The main issue that needs to be determined is what type of employment capacity you are being engaged by the company.

    From what you’ve told us it seems like you’ve worked there a while, there is an ongoing expectation of work, you are on a roster, the work is of a type that would ordinarily be completed by a permanent employee, and you have no control/independence of how, when, where etc work is completed. These factors all show that you should be classed as a permanent employee.

    Have a look at the FairWork Commission’s unfair dismissal benchbook on their website. It goes through their standards for determining if there is a valid claim, has the relevant case authorities and gives examples of previous determinations.

    If you’re lucky you may be entitled to something but unfortunately I doubt they’ll keep you on as any type of employee if you do.

    Good luck

  • [Deactivated] on 01/05/2019 - 10:45

    I talked to fairwork and jobswatch and according to them, as mentioned in our enterprise agreement, we will be entitled to 11 weeks of pay due to transfer to a lower paid of job. HR is to get back to us on this actually.

    • whooah1979 on 01/05/2019 - 10:52
      +1

      The first employees to see the door are those that don't play well with the company. Don't be surprised if you are made permanently redundant after this.

  • [Deactivated] on 01/05/2019 - 10:48

    Thanks to all for taking the time to read and respond. Again, We were only trying to find out if there is employee rights that i will be loosing out on by just accepting what they tell us to do.

    I am not trying to shut down the business nor trying to sue them for million dollars.

  • Vote for Pedro on 04/05/2019 - 16:26

    Why don’t you ask your union?

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