Roster ändra företagsråd
An employer is entitled at common law to alter and change rosters.
Europeiskt företagsråd (EWC)
That is self evident, for it would be very difficult indeed to run a business if an employer was denied that flexibility. In my view, the right of an employer to legislate roster changes on its workforce is an implied right where the change is reasonable from an objective operational perspective, even if the relevant contracts of service do not cater expressly for it; which is the case with the human resources practices of most sophisticated employers.
Yet there will be times when even the most unobjectionable and compassionately handled roster change will have unfortunate implications for some employees, and even constitute subjective discrimination, by which I mean more adverse implications for some employees because the action has a greater effect on an employee or group of employees because they have or do not have a particular characterization or attribute.
According to the Tribunal that the test to be applied is not whether the change was necessary but rather whether it was a reasonable management decision that had been taken based on operational requirements. The Tribunal found that the change to the new roster was a rational business decision and that the proposed roster was not so extreme that it could not be justified.
Changing rosters
Accordingly, the Tribunal found that the requirement to work the new roster was reasonable, even though the decision had an adverse effect on the applicant. I have a highly regarded and envied success rate representing employers and employees both in prosecuting and defending unfair dismissal , unlawful and wrongful dismissal cases and my rates for doing so are as far as I know the most economical in Western Australia.
If you read my posts on my law blog page, you will see that my experience speaks for itself. You are very welcome to browse the posts from the extensive index. General protections provisions and complex anti-discrimination laws exist under the Fair Work Act but that very technical jurisdiction is difficult to understand for many and is costly to use and defend.
Fine-Tuning Staff Rostering for Business Success: A Practical
I can help you assess your workplace discrimination issue, the available strategies and remedies quickly, clearly and with a minimum of fuss and jargon. I offer telephone and Skype consultations which are affordable, convenient and provide fast outcomes. I am very conscious of the capacity of such issues to cause serious stress both for employers and employees and fully understand the urgency of identifying a workable solution.
These days I do so as an industrial agent and at rates and fees which are a fraction of those of my legal colleagues. You can read how and why I can do this in the About tab above, where there are several paragraphs about my career and which explain in a nutshell who I am, what I do and why I do it. According to the Fair Work Commission and employer is entitled to expect a higher standard of conduct from senior […].
These passages from a recent decision of the Fair Work Commission deal with the concept of constructive dismissal in the […]. This portion of a decision in an unfair dismissal case contains an excellent summary of many of the factors which […]. Your services were first class and I believe my case would not have gone as successfully without you.
At all times I was up to date and informed, and I had complete confidence in your expertise. View more testimonials. Changing rosters. View more : Uncategorized. Get in touch Make a payment Request a phone consultation. See How I Can Help. Latest Blog Posts Fair Work Commission expects higher standards from senior employees Posted: 26 Oct According to the Fair Work Commission and employer is entitled to expect a higher standard of conduct from senior […].
The Hidden Pitfalls of Roster Changes: How an Employee’s Refusal Can Impact Your Business
Constructive dismissal and the general protections Posted: 23 Oct These passages from a recent decision of the Fair Work Commission deal with the concept of constructive dismissal in the […]. Unfair dismissal; the classic issues Posted: 22 Oct This portion of a decision in an unfair dismissal case contains an excellent summary of many of the factors which […]. Proudly created by Brandicoot.