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A close family member [we’ll use the pseudonym Casey] has returned to an industry, having been cajoled to return after an absence. The terms of their re-employment were clear: their work would be limited to one aspect only of the company’s operations.
From an initial temporary “helping out”, they are now expected to work in two of the company’s critical areas simultaneously. Casey’s work hours are extremely demanding – they get no respite between work blocks. They have been unable to take any kind of leave and the agreed wage review is on the never-never. Discussions with their employer have failed to resolve their situation.
Should Casey seek help via the Fair Work Commission? Or should they resign, even though they know this employer is likely to punish them (in a career sense) for leaving on their own terms?
If your employer has misled you about the nature of your new job, don’t be afraid to start looking for something new.Credit: John Shakespeare
Associate Professor Stephen Clibborn from the University of Sydney has done a lot of research in the fields of employment relations and law. I asked him what advice he might offer to Casey.
“It is possible this employer has breached its contract with, or promises made to, the reader’s family member. It does sound like they contracted to perform one job, but the reality is entirely different,” he says.
“The employer may also have breached this person’s minimum entitlements, under the Fair Work Act and any applicable modern award, to ‘reasonable’ hours of work, and to not have their requests for annual leave unreasonably refused. They may also have award entitlements to minimum breaks during work days.”
In our extended correspondence, you mentioned there are numerous reasons why Casey is reluctant to walk away from what sounds like an awful workplace. One of the most pressing – concerns about the employer seeking retribution – is the one you mentioned in your question, and Associate Professor Clibborn has addressed it.
“While these transgressions may potentially be dealt with in the Fair Work Commission or a court, it is unsurprising that [Casey] is wary of their employer’s response,” he says.
“Fear of repercussions is a common cause of employees tolerating mistreatment and breaches of the law. It can be difficult for an individual employee to stand up to their employer for fair and legal treatment. One way to correct this power imbalance is to join a union to gain collective power as well as practical advice.”