By Joseph Kelly, Kelly Workplace Lawyers
Can Your Employer Reduce Your House Without Your consent?
Is it Legal?
For part-time and full-time employees, it is not lawful for your employer to cut your hours without consultation. In most cases, your employer must sit you down, explain the proposed change, gather your input, and consider any alternative options you suggest before making a final decision.
Generally, employers are legally required to consult employees about major workplace changes that are likely to significantly affect them, including changes to their regular roster or ordinary hours of work. This obligation applies if the employee is covered by a modern award, enterprise agreement, or other industrial instrument that includes a consultation term — which means most employees are protected.
Employees not covered by an award include many managerial or professional staff, such as accountants or executives. These employees do not currently have the same consultation rights, although recent law reforms aimed at addressing workplace stress are expanding protections in this area.
The Consultation Process
The consultation process is more than just a courtesy. It must include:
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Providing employees with detailed information about the proposed change;
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Inviting employees to express their views, including the impact on family or caring responsibilities; and
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Genuinely considering those views before making a decision.
If your employer reduces your hours without following this process, they may be in breach of their legal obligations. You could have grounds to challenge the decision, depending on the terms of your employment contract, modern award, or enterprise agreement. These documents often spell out consultation rights — check your payslip to see which award applies.
What About Casuals?
For casual employees, cutting hours raises slightly different issues. Reducing a casual’s hours to zero can amount to constructive dismissal, giving rise to an unfair dismissal claim. It is also unlawful for an employer to cut hours for a prohibited reason — for example, punishing an employee for making a complaint, or preventing a casual from requesting to convert to part-time or full-time status. Casuals should also keep careful records of their roster and hours, as evidence can be important in any dispute.
Taking Action
If your employer is changing your hours without consultation, you may have legal options. Don’t assume it’s “just the way things are.”
Book an appointment through our booking tab with one of our specialists to get advice tailored to your circumstances and ensure your workplace rights are protected.