Employment Law - Advice Needed

Hi There,

Wondering if someone out there in OhBaby! world would be able to help me. I've created a different handle for the purposes of anonymity but assure you that I'm no 'flash in the pan' LOL

My situation is as follows:

I was employed a couple of years ago in an assistant role paying $45k p/a (Not the real amount but you see what I mean). Over the next 3 years, my duties would change dramatically and I would no longer be assisting anyone – I would be an account manager. My contract never changed (as it included a delightful little blurb – “and any other duties required”) and over the period received a pay rise of $3,140.

I am currently on extended leave following maternity leave and am due to return to work shortly. I have spoken to my boss and he has expressed his preference for me to return to my assistant role admittedly because of some performance issues I had (beside the point I think). I agreed as I thought that would be great that I would have enough time to come to terms with being a working mum etc. The role would also change ever so slightly to include other admin duties.

He then contacted me and advised that the company would like to reduce my salary to $40k as a result of this ‘lesser’ role. I wasn’t happy about this and told him that considering I am going back to a role I was originally employed to do on $45k, to be reduced to less than what I was originally employed on was insulting. In our chat, I told him that I would go back down to $45k (not much of a drop from $58,140) but I wouldn’t drop any lower.

I’m now told that the company can’t legally do this and am confused. I can’t help but feel like I’m being taken for a ride.

Can they do this?
Who should I speak to? (I called DOL and they weren’t much help)
What rights to I have?

Any advice, support or help would be greatly appreciated.

I think they're writing up a new contract as we speak.

Could that be their way of getting around it?

It really irks me cos my role changed substantially over the last few years but I never received a new employment contract. Now, my role is changing back, they want a new contract.

Okay just seen your new post, it does sound like they are trying to get around it by writing up a new contract, but still don't give in, talk to an employment lawyer and get some advice.

Yes, lilfatty, but how to articulate?

JosieG wrote: Yes, lilfatty, but how to articulate?

Just state matter of factly that by law they have to hold a position open for you to return to, on your old salary and conditions, if they do not want you to return in your old role then thats fine and you are happy to do the new role, however your salary and conditions are to be the same as they were previously.

If that doesnt work (although im not sure why it wouldnt, since its simply what they have to do), join a union (its really cheap) and then get the union lawyer to do the talking.

Ring up the department of labour and ask their advice. They are pretty good.

Agreed, don't sign any new contracts, but do get confirmed advice..maybe if you try DOL again you'll get to speak to someone a bit more helpful than last time.

Here is theDOL Parental Guide for Employees which has sections on what happens to your job etc.

If you are returning from parental leave they must put you back into the role you had or one of a simliar nature. If they make you redundant they must consider you for any similar role in the next 12 months so they don't have the other alternative of disestablishing your old role, creating a new one, offering it to you, but advising you the salary has dropped.

They are complying with their responsibilities by offering to put you back in your original job but do need your written agreement to drop your salary, this is why they are preparing a new Employment Agreement, they need your signed agreement to drop your salary, and I wouldn't be giving it.

I would point out that you started this job on X salary and you are happy to return to that job and that salary. They may not have realised what your starting salary was or read your original job description and made the connection you were getting 45K to do that job. I had a similar (embarressing) situation a few years ago when we restructured and put someone back into a role he had performed a few years earlier and explained that his salary would drop from his existing package to reflect his lesser responsibilities, only to discover that we offered him less than he was on previously. We picked up on the mistake, apologised and explained that it was never our intention to reduce his salary to less than he was earning last time he was in that role.

Don't sign the new agreement agreeing to the new salary. All you need to do is confirm that you are returning to work on the agreed date and let them advise you what your responsibilities will be.