About My Rights as a Retail Employee (over 5 Years)

jackthefrost on 20/08/2019 - 09:52
Last edited 20/08/2019 - 10:38 by 1 other user

I hope my fellow ozbargainers and gurus can assist me in this regard.

A bit about myself. Currently a part-timer, I have been working for this retailer for 6 years now (just hit 6 year anniversary last month) and.. I have always been working on an unfavourable contract (in regards to the number of hours). I'll elaborate on that a bit in a second.
And for a while now, I have been consistently working the weekend shifts. Maybe like over 80-90% of the weekends, I'm there Saturday and Sunday.

When I said I am on an unfavourable contract, I mean is for all these times I have been working near full-time hours but my contract has me on less hours than the norm. I have worked like that consistently for 6 years now. I have worked consistently like that since the beginning, even when I was a casual, sometimes went near as much as 76 hours per fortnight (including weekends).

I am almost always there for the weekend shifts, except when I'm on leave or some rare occasions (80-90% of the time I work the weekends), I guess key word is consistently.

Now I'm in a dilemma as someone (first of all, not a manager. the previous manager just finished her term) is trying to structure a roster that puts me in less weekend shifts which ultimately resulting in me in a financial disadvantage. The behaviour is passive aggressive as she is trying to do this without negotiating with me.
It's stressing me out!

There are 2 things I'd like to know if anyone can shred some light on it.

  1. Is it possible for me to request for a full-time position now since I have been there for 6 years (giving me more security)

  2. In regards to this person's action or the general action of cutting my weekend shifts (in favour of a casual (wtf)) , what is my option in this situation? Because I have been working a pattern and this puts me in a bad position.

Thank you my fellow OzBargain brothers and sisters in advance!

Education & Work

Comments

  • mrkorrupt on 20/08/2019 - 09:59

    have your standard hours written up in a contract

    • jackthefrost on 20/08/2019 - 10:38

      i already have a contract but it's an unfavourable one. i have always work more hours than what was written for 6 years. do you mean ask them to give me a new one?

  • HighAndDry on 20/08/2019 - 10:09
    +3

    You're a casual. The core element of being a casual is that you don't have set hours.

    And I don't know what exactly you're complaining about:

    1. You say you have "unfavourable" hours because you work a lot of weekend hours, but
    2. You're saying that moving you to LESS weekend hours puts you at a financial disadvantage.

    So what exactly do you want? More or less weekend hours? (But no, they're not obligated to give you hours that you want - that's not how work works - they give you MONEY, you give them work).

    As to your questions - you can ask to be changed to full-time. They can refuse. They can absolutely 'cut' your weekend hours, because you're a casual. The entire point is that they can change your hours to suit the business.

    In return though, as a casual you get casual loading, which part-time and full-time workers don't get.

    • Skramit on 20/08/2019 - 10:11

      Some hard truths laid bare!

      You forgot:

      —- mic drop —-

      • HighAndDry on 20/08/2019 - 10:17
        -2

        Man I was just editing my comment to be a bit nicer. I think my directness comes across as just meanness too often. Sigh.

        OP: I don't mean to be mean - but these are all questions you should've asked long before getting to 6 years in the one job. Talk to your manager - if you've been there 6 years and been a good worker, you should have some goodwill banked (hopefully).

        And look on the bright side - for these 6 years, you should've been making very good money with both casual loading and weekend penalty rates (presumably), whereas they could have had you working less weekend hours and making less money all that time. And - and this applies going forwards too - being a casual means you get casual-loading which makes up the fact you DON'T get other entitlements, which means you need to SAVE that extra money for rainy days.

        Honestly though - you're 6 years into a retail (front-line?) position. I don't know how old you are, but it's past time you leveraged that into a more senior role, maybe supervisor (if you're not already) or into lower management even, whether in your current store/chain, or another one.

        • Skramit on 20/08/2019 - 10:18

          Man I was just editing my comment to be a bit nicer. I think my directness comes across as just meanness too often. Sigh.

          You're such a bad bad person. :P

          Sometimes people need to hear the truth….

    • jackthefrost on 20/08/2019 - 10:26
      +10

      I am a part timer. not a casual. (on like my second sentence, I said that)

      • HighAndDry on 20/08/2019 - 15:37

        Ah my bad. Thanks for the bolding =P

        But unfortunately, unless the weekend hours form part of your set part-time hours, the same principles apply - they're discretionary and you're not entitled to keep working those hours.

        Talk to the manager, but if the casual can only work weekends and you're more flexible, then managers gonna manage.

    • shanakatak on 20/08/2019 - 10:26
      +4

      They aren't a casual.

      Currently a part-timer
      I have always been working on an unfavourable contract
      …even when I was a casual
      …or the general action of cutting my weekend shifts (in favour of a casual (wtf))

      Sounds to me like they are in a store where they have a contract with low hours, but can take on additional hours outside their contract.
      It would appear as though jackthefrost isn't contracted for weekends but has been working them consistently for years and these are now being taken away.

      • [Deactivated] on 20/08/2019 - 10:50

        Agree that it isn't casual but that has very little relevance to the subject.

        I'm not sure what OP is suggesting but the employer hasn't done anything wrong. Summarized, OP seemingly makes these two points.

        1. Feels disrespected for no longer being rostered for extra hours (above contracted hours).

        2. Wants a new contract that makes the current work arrangement permanent.

        3. Something about a passive aggressive not-a-manager.

        Unless you're irreplaceable, I don't see why the company would or should give in to your demands. If it is a job that any teenager can do, the smarter thing to do is upskill into a role/job that isn't menial labor.

        (I'm not saying you're replaceable since I don't know what sort of retail you do so I'll assume it is common retail.)

      • HighAndDry on 20/08/2019 - 14:50

        My bad, but the entire tenor of the post is that the weekend hours are discretionary and not actually set hours.

    • brad1-8tsi on 20/08/2019 - 10:58

      He's Part Time. It's different to casual.

      "Casual employees usually work irregular hours but they don't get paid sick leave or annual leave. Part-time employees get the same minimum entitlements (such as sick leave and holiday leave) as a full-time employee, based on how many hours they work each week"

      Generally a Part Time worker has a minimum number of hours contracted per week but can be offered more hours. eg: My mother was a Part Time hairdresser contracted to work 8hrs friday & 4hrs Saturday. In December (and some other high demand times) they'd get her to do more hours above the contracted rate.

      Having said all that, I'm not sure what the OPs issue is either

      • HighAndDry on 20/08/2019 - 14:51

        My bad - I think I just read the rest of the post and saw that OP's weekend hours seem to be discretionary and assumed they were casual. Which… really is the point - if those hours are additional discretionary hours and not set ones, OP still can't argue to say he has any right to those.

        • brad1-8tsi on 20/08/2019 - 15:35
          +2

          I think he's up the creek without a paddle if his contract just says "we'll give you 24hrs a week" and doesn't specify what days or how the 24hrs is made up eg: 6x4hr shifts.

          He needs to get a dialogue going. Maybe kiss some buttock.

  • Skramit on 20/08/2019 - 10:11
    +1

    The behaviour is passive aggressive as she is trying to do this without negotiating with me.

    Have you tried talking to her politely about it? What did she say?

    • jackthefrost on 20/08/2019 - 10:35

      she said something like 'oh, I thought you can work on this other day.' 'this casual can only work on sundays' (so she moved my shift which is very disrespectful btw since I'm there for a long time)

      • Skramit on 20/08/2019 - 10:56

        A managers job is to balance the roster. It may well be that the other person has been complaining for 6 years and the old manager has been ignoring them.

        Are you wanting more hours, the same or less weekends? Your OP was a little unclear what outcome you want. Regardless, have you communicated this to the new manager?

      • brad1-8tsi on 20/08/2019 - 11:02

        which is very disrespectful btw since I'm there for a long time

        Moving your shift isn't disrespectful. It's business and staff management.

        The amount of time you have been there is immaterial. Loyalty (from either side) doesn't really mean much these days.

        After 6 years of doing the same thing, if your contract is so rubbish, maybe it's time to look for greener pastures?

        edit: What is it with all these folks expecting respect AND a pay packet?

        • Skramit on 20/08/2019 - 11:10
          +1

          edit: What is it with all these folks expecting respect AND a pay packet?

          The cheek!

          Brad offtopic: "1-8tsi" is that a Skoda engine reference?

          Skramit on 20/08/2019 - 11:10 (Collapsed - Offtopic. Show)
          • brad1-8tsi on 20/08/2019 - 11:16

            @Skramit: yes.
            i have a 2007 Octavia hatch. 1.8tsi manual with some suspension, brake and engine mods. 190000+km. Owned since new and still fun to drive despite it just being a family shopping trolley. My only regret was that I didn't get the wagon.

            • Skramit on 20/08/2019 - 11:33

              @brad1-8tsi: I have the 2012 1.4 turbo Wagon. Well my wife does. Best car ever owned apart from the DSG.

              • brad1-8tsi on 20/08/2019 - 13:42

                @Skramit: That's the dry clutch DQ200.
                I've had 3 friends ask me about buying VW/Skoda. I said "don't buy the 1.4. It's a great engine with a potentially bad auto" (it does seem to be hit and miss) and they all bought the 1.4 auto DQ200 it because the salesmen said they were good now.

                I'd buy again with the right engine/gearbox combo. 2nd hand next time.

                • Skramit on 20/08/2019 - 13:44

                  @brad1-8tsi: We've had the clutch replaced on it and seems to be OK now. But I am keen to get her the 2020 Octavia next year to replace it.

                  • [Deactivated] on 20/08/2019 - 14:49

                    @Skramit: I have the VW equivalent, also 1.4tsi and DQ200.

                    Transmission has been changed on one of them.

                    Never buying a dry clutch DSG again. It's not worth the savings of a few grand.

  • shanakatak on 20/08/2019 - 10:30

    Check your EBA their may be a clause in there that allows you to increase your contracted hours/ shifts if you consistently work them.
    Also try speaking to the new manager, if you aren't contracted for those shifts it may be why you aren't getting them.

    • jackthefrost on 20/08/2019 - 10:36

      you mean asking them to restructure my contract according to what my working patterns?

      They are still in process of hiring a new manager

      • shanakatak on 20/08/2019 - 10:38

        Yep, tell them that you've been working these shifts for x time, and would like to increase/ change your contract to reflect this.

        • jackthefrost on 20/08/2019 - 10:43

          can they refuse? is there any law/act that give me a position to bargain or am I at their mercy?

          • brad1-8tsi on 20/08/2019 - 11:18

            @jackthefrost: Yes they can refuse.

            Do you have any trade union representation in the shop? If so, have you thought to join? They will know your rights and negotiate for you (plus other benefits).

          • Hardlyworkin on 20/08/2019 - 18:49

            @jackthefrost: OP; You haven't provided enough information for anyone to knowingly provide you an accurate answer. Are you under an enterprise agreement or the Retail Award? This could have a big impact on your rights in this situation.

            For example, the agreement that covers many Woolworths employees allows part time workers to work extra hours each week up to 38 hours without it being treated as overtime. I think from memory it has a clause in it though that each year a review needs to be carried out and your ordinary hours raised if you average more. This is very different than the conditions in the Retail Award.

  • tsunamisurfer on 20/08/2019 - 12:05
    +6

    OP….let me get this right.

    You were engaged by your employer on a part time basis, soon after you were given more hours than initially contracted.

    For 6 consecutive years you did those hours all the while decrying you were under an unfavourable contract.

    Now that your employer is reducing your hours, thereby bringing you closer to your contracted hours, you bitch about financial disadvantage.

    Furthermore, you feel like you are entitled to invoke some clause to elevate you to full time status.

    For 6 years you were, in your own words, working near full time hours, you had no inclination towards full time hours, why now?

    You seem to also place some sort of weight on not being consulted about the hours change, you weren’t consulted before either yet put up with it.

    This all seems rather petty.

  • pyramid on 20/08/2019 - 12:11

    I am almost always there for the weekend shifts, except when I'm on leave or some rare occasions (80-90% of the time I work the weekends), I guess key word is consistently.

    you were also consistent with accepting long hours and getting financial benefit. So now they are giving you less shift/duration and you need more hours.

  • robbyjones on 20/08/2019 - 12:17
    +1

    Your story doesn't give all the facts necessary to make suggestions to help you. It could be that, as a part-timer, you have been exceeding your contracted hours and the new, interim, manager maybe working within the boundaries of your contract, that is just one view, there are heaps of other possible scenarios. Talk to your manager and tell them what you would like and they will no doubt accommodate you or explain why that can't continue. If you feel you have been hard done to then make a call to fair work, they will give you your options.

  • Soluble on 20/08/2019 - 12:54

    Does you employer have an EBA? Are you in the union?

    I'd speak to them. If not whoever's doing the rostering may be able to shed some light. It may be a targeted mix of FT/PT/Cas

  • AFOS on 20/08/2019 - 13:22
    +1

    1. After having worked there for 6 years on a regular basis with established pattern you are definitively permanent employee (part time basis). Casual employment implies seasonal/occasional/infrequent basis;

    2. As a permanent employee you are entitled to a set roster/number of hours (reasonable overtime allowed);

    3. If your employment pattern was established over long time and now gets changed, this effectively means modification of your employment contract (forget the written thing as it does not reflect reality) and requires consent of both parties. In case of disagreement you can accuse them of breaching the contract and claim damages;

    4. Be careful as you are closing to 7 years and this is when your long service leave entitlement starts (I presume you are in Vic). In case of termination of employment you may miss on that;

    5. Check if annual leave/sick leave were accrued correctly since it feels that there is some misunderstanding between you and your employer regarding your employment status (casual vs permanent). Also check your pay rates against Award for the same cause.

    • HighAndDry on 20/08/2019 - 15:40

      Sorry, the casual part was my mistake. OP is currently permanent part-time. But the weekend hours seem to be additional hours not set out in their contract (OP or someone else, feel free to correct me if I'm wrong (again)).

      But, uh, while it's arguable…

      If your employment pattern was established over long time and now gets changed, this effectively means modification of your employment contract (forget the written thing as it does not reflect reality) and requires consent of both parties. In case of disagreement you can accuse them of breaching the contract and claim damages;

      This is…. extremely optimistic and much more likely to just leave OP with no payout and no job either.

      • Hardlyworkin on 20/08/2019 - 18:59
        +1

        It's difficult to give an answer when we don't know the specific terms of the legislation (agreement or award) that applies.

  • whooah1979 on 20/08/2019 - 20:28

    6 years is a long time in retail. Have you thought about moving up or perhaps out?

  • iminabrons on 21/08/2019 - 13:25

    This remark is used only used because I don't know all of the personalities involved;
    But you should consider that you are tolerated because you work longer for less. If you try to change that dynamic you may end up with no hours at all. I am not saying that is what I think but it it has to be considered.

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