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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

Q
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?

A
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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