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Not sure about your rights at work? - Ask Neale


question

I am on maternity leave from a NSW hospital and due to return to work later this year. I negotiated an agreement to return for four days per week. Now my employer wants to change this so that I job share with another person for 2.5 days each. This is a big drop in income for me and not what I agreed to. What can I do?

Melissa


answer

In NSW there is a part of the Industrial Relations Act which allows for the negotiation of part-time work agreements and this is often in connection with return to work after maternity leave. Unfortunately these part-time work agreements are supposed to be in writing and registered.

However as you have come to an agreement, even if it is only verbal, and the bosses are reneging on it I the union would strongly support your position. There has been a case in Western Australia recently where a nurse has wanted to come back on a job share basis but the bosses wouldn't do it. She took them to the discrimination board in WA and won on the basis that the employer wouldn't make a reasonable attempt to accommodate here and they were obliged to under work and family guidelines. Your situation is not the same but similar principles will apply I think.

The NSW govt (after prompting from unions) is pushing work flexibility for those with family responsibilities and your situation is a good example of the flexibility needed. Too often the employee has be flexible without the employer considering the employees personal situation.



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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