VERYSTORMY Posted April 5, 2014 Share Posted April 5, 2014 Anyone on here know anything at all about employment law? I need some urgent advice and it is difficult to get given i am sat in the midle of the african bush. In a nut shell my employer has announced some massive changes to my terms and i am not keen to accept them. Link to comment Share on other sites More sharing options...
blossom Posted April 5, 2014 Share Posted April 5, 2014 The main question would be who's laws do you fall under? The African ones as that is where you are? Link to comment Share on other sites More sharing options...
Parley Posted April 5, 2014 Share Posted April 5, 2014 Do you have a contract ? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted April 5, 2014 Share Posted April 5, 2014 Yes your major problem could be which countries laws you come under. Normally it is the country that you work in. Try Fairwork Australia. Link to comment Share on other sites More sharing options...
Rupert Posted April 5, 2014 Share Posted April 5, 2014 Do you feel ok to tell us what the issue is? Otherwise hard to comment blindly. Some changes to T&C being harder to argue than others. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 5, 2014 Author Share Posted April 5, 2014 I work for an Australian company and my contract says i work in Perth in the head office on a 38 hour week basis, but with international travel as required. However, it was understood at interview that this would actually work as a 5:3 roster during the Tanzanian dry season. But in the other half the year i would be Perth based. This was all confirmed as well in emails. All happy there. September last year the project went into a Joint venture with another company - lets call them X. The deal was that they will fully fund the project and manage the project and as they went through spending would slowly acquire equity in the project. However, because they have a series of points when they can walk away, it was agreed that my company would have the right to have 2 members of staff work on the project and the salaries for these two - myself and another senior Oz geologist would be backcharged to company X. Come Christmas, company X announce we will all actually now work through the wet season and me and the other guy would have to continue the fifo roster. Not the end of the world we figured. Silly, as there isnt a lot of work to be done that i could not do in Perth. But, thats they wy they wanted it. Now the crunch. They have now announced that my roster will move from a 5:3 with all travel in company time, to a 6:2 with most travel in my time (travel is about 5 days per swing. So, i am now going to be 2.5 weeks a swing worse off. There is no extra pay being offered or anything and its very much a take it or you will be surplus to site. Company X have the ability to veto which two staff my company have on site and they used this power recently on the other guy and he was then immediatly made redundant from our company. So, do i have the ability to refuse the new roster and claim constructive dismissaal? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted April 5, 2014 Share Posted April 5, 2014 Before you do anything speak to an employment solicitor or at the very least Fair work Australia. I'm not ofay with Australian employment law as I was trained in UK employment law nearly 4 years ago but what I remember is that constructive dismissal is hard case to win at Tribunal, and you would definately need to prove that your employerhas fundimentally breached their contract and that you have issued sufficent grievances before taking any action. As I say though this is all probably out of date now and may well be different in Australia. Fairwork Australia has a helpline. Link to comment Share on other sites More sharing options...
Sustain Posted April 5, 2014 Share Posted April 5, 2014 Your contract is with company A Company B is a red herring in so far as where the contract relates. What ever the political consequences, your consideration is through contract with Company A. To remove you they need to provide redundancy or prove your failure to fulfil your employment duties. Another consideration you do need to step back and consider: - Current other employment opportunities - What is the consequence of sucking it up what they have offered? Not saying this is easy but assess in rational terms - sometimes the ball falls to the wrong side of the court line. It might be best to swallow and make a future move in your time on your terms? Link to comment Share on other sites More sharing options...
NicF Posted April 5, 2014 Share Posted April 5, 2014 Are you in a union? I'm not a big fan of unions generally but they can be a good source of help and advice in these situations. If not then I agree with Quoll about speaking to an employment solicitor. Link to comment Share on other sites More sharing options...
Rupert Posted April 5, 2014 Share Posted April 5, 2014 Now the crunch. They have now announced that my roster will move from a 5:3 with all travel in company time, to a 6:2 with most travel in my time (travel is about 5 days per swing. So, i am now going to be 2.5 weeks a swing worse off. There is no extra pay being offered or anything and its very much a take it or you will be surplus to site. Company X have the ability to veto which two staff my company have on site and they used this power recently on the other guy and he was then immediatly made redundant from our company. So, do i have the ability to refuse the new roster and claim constructive dismissaal? I think you have a good case and definitely worth pursuing it, but of course it is no DIY area. This is to all intents and purposes a cut in pay i.e. working significantly more but for same money. If it had just been the dry / wet season thing then I could see how they could argue that they now need an all year round FIFO, but they can't argue that we now need someone who will work more for less money. So, I think a case. I don't think it will be easy though, David and Goliath isn't it. So take good advice, somebody mentioned a union, I am not in a union either, but we have an "employee council" which is a body representing employees interests, perhaps you have something similar? Link to comment Share on other sites More sharing options...
Parley Posted April 5, 2014 Share Posted April 5, 2014 I think Fairwork Australia only get involved for employees on salaries less than about $108000 approx. So you may need to consult an employment lawyer. Link to comment Share on other sites More sharing options...
Parley Posted April 5, 2014 Share Posted April 5, 2014 Just googled it is $129,300. Link to comment Share on other sites More sharing options...
Eera Posted April 5, 2014 Share Posted April 5, 2014 A lot of companies have in their contracts a clause which basically says "we can change what we want, when we want". Get a lawyer to look yours over. Because you were taken on to do international travel "as required" there might not be a huge amount you can do about it. Your contract is ultimately what binds you, not email understandings. Consult a lawyer, mate. Or suck it up for the time being as you know what the work situation is back here (but I'll tell you now, the amount that's coming back on line from all the submissions I've done recently, it will change in the coming year or so). Link to comment Share on other sites More sharing options...
Rallyman Posted April 5, 2014 Share Posted April 5, 2014 Very difficult position to be in, are you up for a massive legal fight which is the way most cases go in this position if you chose to go down that path, maybe better to suck it up but start looking for new job ASAP and then walk away or are you signed up for a contract over a set time period, as others have said go see expert advice . Hope things turn out ok for you. Link to comment Share on other sites More sharing options...
Petals Posted April 5, 2014 Share Posted April 5, 2014 So who do you work for? Do you work for the original company or do you now work for the new company, i e did you have severence from the company you were first employed by. If you still work for the original company I would think it was they who have to work out with the other company your terms and conditions, if you are employed by the new company, are you a PAYE employee or are you a contractor. Difficult so have to define who you work for, how you work for them and what your relationship with the new company is. Where are your employment agreements? Once you have found out all this information, you should perhaps email a lawyer in Perth who specialises in the area. Link to comment Share on other sites More sharing options...
Freckleface Posted April 6, 2014 Share Posted April 6, 2014 Hi VS - Based on the info provided I don't think you have very much wriggle room if your contract is as open as it sounds. Assuming I didn't want to work under the new arrangements I would find out from my employer if they had alternate work for me if I declined to comply with the change company X has proposed. If they don't I would consult a solicitor who specialises in employment contract law just in case I had some options but largely with a view to getting the best redundancy outcome possible. Good luck, hope you get an outcome that you are pleased with. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 6, 2014 Author Share Posted April 6, 2014 Thanks guys. I have had a brief consultation on line with a lawyer who think i can regard it as constructive dismissal. However, i am having a full consultation this week with one of the big firms in Perth. We can do it by skype. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted April 6, 2014 Share Posted April 6, 2014 Thanks guys. I have had a brief consultation on line with a lawyer who think i can regard it as constructive dismissal. However, i am having a full consultation this week with one of the big firms in Perth. We can do it by skype. Good luck. Link to comment Share on other sites More sharing options...
dxboz Posted April 6, 2014 Share Posted April 6, 2014 VS this is all going to cost an awful lot of money and an awful lot of stress for you. Is it going to be worth it? Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 6, 2014 Author Share Posted April 6, 2014 With a little bit of luck, this might be all academic. I had an interview by skype this morning and have already had a response and they want to do second interview on Wednesday. So fingers crossed. Nice thing is it is not a fifo role. Monday to Friday in Fremantle. Keep your fingers crossed for me. Link to comment Share on other sites More sharing options...
Parley Posted April 6, 2014 Share Posted April 6, 2014 In that case if you do get the job, don't resign but try and get yourself made redundant. Refuse the new contract and make them get rid of you. Link to comment Share on other sites More sharing options...
fifi69 Posted April 6, 2014 Share Posted April 6, 2014 Good luck VS That would be ace if you can get it. is it a career change? I know you were fancying one.. Link to comment Share on other sites More sharing options...
Lindor Posted April 6, 2014 Share Posted April 6, 2014 With a little bit of luck, this might be all academic. I had an interview by skype this morning and have already had a response and they want to do second interview on Wednesday. So fingers crossed. Nice thing is it is not a fifo role. Monday to Friday in Fremantle.Keep your fingers crossed for me. Good luck! Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 6, 2014 Author Share Posted April 6, 2014 Thanks guys. It is more of a sideways than a full career change. It is working for one of the big geological software companies. So it would mean working in Fremantle - so home every night. It would mean a reasonably significant paycut, but i dont mind that as i am keen to stop fifo. They have young geo's who are very good with the software but no industry experience, so they want a senior geo to mentor them and porvide guidance on how we industry guys actually use it and to work with companies that use it to help train and assist in any issues they have. I have always enjoyed the mentoring part of my job the most, so its a perfect fit. And freo is a pretty nice place to work. We are going to hold off the lawyers to see if i get the job. If not, then probably go with the lawyers. Just being made redundant is no use really. There are very few jobs in my industry at the moment - i have loads of mates who have been out of work for over a year now. As i have only been with the company about 15 months they would only pay out a weeks wage anyway. That and the last guy who was made redundant is having to threaten legal action after they refused to give him any money. The legal advice to date is that if i claimed constructive dismissal i would be looking at a claim for between $80-150k. Substantially better than a weeks wages, even after legal fees. Link to comment Share on other sites More sharing options...
wakeboard1980 Posted April 6, 2014 Share Posted April 6, 2014 Thanks guys. It is more of a sideways than a full career change. It is working for one of the big geological software companies. So it would mean working in Fremantle - so home every night. It would mean a reasonably significant paycut, but i dont mind that as i am keen to stop fifo. They have young geo's who are very good with the software but no industry experience, so they want a senior geo to mentor them and porvide guidance on how we industry guys actually use it and to work with companies that use it to help train and assist in any issues they have. I have always enjoyed the mentoring part of my job the most, so its a perfect fit. And freo is a pretty nice place to work. We are going to hold off the lawyers to see if i get the job. If not, then probably go with the lawyers. Just being made redundant is no use really. There are very few jobs in my industry at the moment - i have loads of mates who have been out of work for over a year now. As i have only been with the company about 15 months they would only pay out a weeks wage anyway. That and the last guy who was made redundant is having to threaten legal action after they refused to give him any money. The legal advice to date is that if i claimed constructive dismissal i would be looking at a claim for between $80-150k. Substantially better than a weeks wages, even after legal fees. I would think it would be a bit of a minefield regarding constructive dismissal. Yes your company should pay you extra for the extra work you would do, if the other company change the shift pattern and your company contracts to them then I would think this muddys it a bit, it's the other company changing the arrangement and if our company can't find you any work then they would have to make you redundant. the only winners in this will be the lawyers, it will cost someone a bit of money one way or the other. good luck Link to comment Share on other sites More sharing options...
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