What actions can I take when my employment has been transferred from Employer A to Employer B and my position changed?

What actions can I take when my employment has been transferred from Employer A to Employer B and my position changed?

In relation to the first question, it may be that the client’s position is redundant.

If this is the case, the client may take action against ‘Employer A’. This should be emphasised to the client to avoid confusion.

In relation to the second question, the issue is whether objectively the tasks to be performed under the new role fall within the scope of the duties performed under the old role: Szanto v ISS Facility Services [2013] FWC 3270

Factors suggesting that the role is not a suitable alternative include:

  • Lower rate of pay;
  • Lesser opportunity to earn bonuses or commissions;
  • Reduction in the skills and qualifications needed to complete the job; OR
  • If a greater level of skill is required, whether adequate training is provided;
  • Change in location (depending on the surrounding cirucmstances)
  • Change in hours of work;
  • Change in nature of employment (e.g. if role becomes casual or part-time);
  • Loss of fringe benefits; and
  • Loss of job security (i.e. job becomes temporary or fixed-term).

Conversely, if the employee was originally employed in a position which involved a very broad range of duties and a measure of uncertainty, it may be that even a notably different role is still a ‘suitable alternative’- Szanto.

Application to client’s case:

In relation to the case at hand, the role offered was clearly not a suitable alternative due to the significant change in the nature of the work (from a mixed commercial and technical role involving a broad range of activities to a wholly technical role), the dramatic reduction in the skills and qualifications needed, a potentially lesser opportunity for commissions, and the change in location of the work.

As a consequence the client’s role was genuinely redundant.

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