Can i be fired for being labelled inflexible but still fulfilling my contract?

LegacyUser

I'm a single parent on a part time contract. Being a single parent i receive some one parent family payment. My employer has me on a two day a week contract which suits well as my son goes to his fathers for the weekend. Now they want me to work two extra days and sometimes the roster is changing so i'm working four midweek days. This means that i have to find a babysitter (which is hard as i don't have a normal one, having no need for it) and i obviously have to pay the baysitter which is very close to what i get paid as m job is barely over minimum wage. After talking with social welfare they have told me that if i work anymore hours then my benefit will get cut too. So i've told my employer that if i work additional hours that i will actually be losing money so i want to stay doing my two weekend days.

My employers response has been to tell me that they feel i am inflexible and there is no room on the team (retail) for someone who is inflexible. For the record i don't mind changing my days every now and i then but i don't want to do four days every week.

So even though i am doing my contracted hours and being a little flexible can i be fired for not doing the four days?

orchidsrpretty

I am in the same situation as yourself. As it stands I am finishing up my job on Sunday. I rang NERA about the issue and their response was that if he does fire you over not being able to work certain hours, if it is not in you contract you have a case of unfair dismissial, if thats the route you want to go down. I have chosen not to as I worked there for 5 years and need a good reference.

But as far as I know you cannot be fired for not working hours outside your usual, maybe someone more knowledgeable will be able to advise you more.

wmpdd3

Yeah, once you sign a contract saying you will work '2 days over 7' or '15 hrs over 7 days' you are stuck. This is the way most retail contracts are worded.
You could get the union to argue you have a 'maintained working pattern' as you have worked this for an extended period of time but the best you might get is 8 weeks notice that your hours or work will change.

It is well worth ringing NERA just in case there have been new developments. I know of companies though, where every employee has been called in to the office and given new contracts with new working hours and were told like it or lump it.

How long have you worked there?

After 1 year you have some rights that are not really afforded to an employee after less that 1 year.

LOTTOWINNER

can i be fired? wrote: »

I'm a single parent on a part time contract. Being a single parent i receive some one parent family payment. My employer has me on a two day a week contract which suits well as my son goes to his fathers for the weekend. Now they want me to work two extra days and sometimes the roster is changing so i'm working four midweek days. This means that i have to find a babysitter (which is hard as i don't have a normal one, having no need for it) and i obviously have to pay the baysitter which is very close to what i get paid as m job is barely over minimum wage. After talking with social welfare they have told me that if i work anymore hours then my benefit will get cut too. So i've told my employer that if i work additional hours that i will actually be losing money so i want to stay doing my two weekend days.

My employers response has been to tell me that they feel i am inflexible and there is no room on the team (retail) for someone who is inflexible. For the record i don't mind changing my days every now and i then but i don't want to do four days every week.

So even though i am doing my contracted hours and being a little flexible can i be fired for not doing the four days?

But if you work more hours, will the extra pay not make up for any social welfare you lose, Also why do you lose social welfare if you work extra hours?

krd

LOTTOWINNER wrote: »

But if you work more hours, will the extra pay not make up for any social welfare you lose, Also why do you lose social welfare if you work extra hours?

You have to factor in child care costs. A minimum wage job, minus childcare costs, can be far worse than the dole. We're not talking luxury here - we're talking basic survival.

LegacyUser

The more i earn the less sw i will receive, but also the more in babysitting i will have to pay out. At the moment my job is in retail and barely above min wage so its pretty equal to babysitting fees.

At the moment my son goes to his fathers on weekends so i don't have to get a childminder. If i work during the week i would have to get a childminder so my wages would just be going to the childminder, i wouldn't come out with any extra. Plus the one parent family payment would be cut so i would end up with less money altogether. Not sure how well i have explained that, sorry.

Wmpdd3 its more being pushed into working four days that i'm unhappy about. They seem to want me to work either three midweek and one weekend day or two weekend days plus two midweek days. occassionally being four midweek days. I dont mind helping out with the odd extra day when needed but i don't want to have to work four. My contract actually says as a part timer you are expected to work weekends and bank holidays etc

I know that they are trying to transfer another person on the team who does three days but have no replacement for them. Its a personal thing that they don't get on with the manger but i don't want to say more here. There is a recruitment freeze on now so i feel they want me to commit to this to push the other person out

krd

can i be fired, if you're with one of the big companies - put everything in writing, re your situation, and go to the HR.

The big retailers know exactly what they're doing by hiring you in the first place. Even if your manager doesn't. They should work something out with you - if they don't, just leave.

wmpdd3

OK that makes more sence.

I would put it in writing that with regret, you are unable to accept this higher contract at the moment. No need to give a reason, as they cannot discriminate against you for having a family.

Then if they have an issue with this they will have to show you the part of your contract or your handbook that compels you to do the extra hours. (I've never seen it in any retail handbook).

If things come to a head and they let you go you will get JSA/JSB but if you leave you will get neither. (maybe OPA)



My only worry is if you are receiving a JSA or JSB payment and you refuse extra work you could be in trouble.