Your questions answered: Can we ‘downgrade’ an employee’s part-time position?

By Portner Press on October 21st, 2019
  1. Industrial Instruments
  2. Fair Work Act

We have an employee who works in administration in a permanent part-time position. Management wishes to move her to a casual position (of lesser ‘status’) in another department.

Are we are within the law to make this change? If it is allowed to be done, what are the requirements?

We would only suggest making this change if the employee freely agrees to it.

If the employee consents, we suggest taking the following steps:

Obtain written agreement to change the status of employment.

Terminate the part-time employee’s existing employment, and pay out leave and any other entitlements owed.

Provide a new employment agreement.

If the employee does not consent, changing them from permanent part-time to casual may open you up to possible unfair dismissal, discrimination or general protections claims.

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