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  1. Post
    #1

    Employment law advice needed - Staff restructure

    Hello, I've had shit week and come to ask for advice. Upper-upper management have been shooting out kneecaps over the last 12 months, and now it's our departments turn. After cueing up an extremely short notice period they dropped the bombshell and we got absolutely slaughtered.

    Around 20 existing job descriptions, heavily modified.
    At least 5 positions, disestablished.
    New positions created, but not suitable for current staff.

    Options for new positions are offered, some are completely unsuitable and conditions are heavily changed. Seeing they have a teams of lawerz what should I do? Hang on for the ride? Challenge it?

    Thanks.

  2. Post
    #2
    Two ways to challenge it:

    1) procedure (giving you notice, a proposal, opportunity for feedback, genuinely considered that feedback, opportunity to advice etc etc); and
    2) substantive justification. Restructures are all based on the role actually not being required anymore, and must have genuine business reasons for that.

    Is your role being disestablished? Check your employment agreement for any redundancy entitlements.

    You may be forced to go along for the ride. You can always notify a personal grievance, but there are a bunch of considerations for if you want to and if it would be worth it.

    Feel free to PM me with any questions or anymore information. If they are getting good advice they’ll do it by the book - but that doesn’t mean you can’t make a scene if you want to. Most employment issues end in a mediated settlement.

  3. Post
    #3
    J` wrote:

    Feel free to PM me with any questions or anymore information. If they are getting good advice they’ll do it by the book - but that doesn’t mean you can’t make a scene if you want to. Most employment issues end in a mediated settlement.
    What does "mediated settlement" means, out of curiosity? Does it mean a "leave but with $ to make everyone feels half-decent"?
    Drives like an Asian till he gets behind the wheel of a holden

  4. Post
    #4
    Amoki wrote:
    What does "mediated settlement" means, out of curiosity? Does it mean a "leave but with $ to make everyone feels half-decent"?
    More like "leave but with $ to save the company the loss of employee uptime having to testify in court".

  5. Post
    #5
    Do you work for Vodafone?