AMPS case win: during a restructure, our member’s part-time role was expanded to require more hours than they had ever worked. Told to reapply or resign, they were confirmed redundant with five weeks’ redundancy pay.
A restructure, and a role that no longer fit.
Our member was contracted permanent part-time, with a minimum of 15 hours a week. They had never worked more than that, because of personal commitments their employer had always known about. During a restructure, the role was expanded to cover more areas and the minimum lifted to 21 hours a week. Every staff member was asked to reapply for their position.
Reasonable alternative, or redundancy?
The word “minimum” in the contract made the entitlement less than clear, so AMPS advised our member to get independent legal advice first. That advice was unambiguous. This was a redundancy. AMPS then helped our member write to their employer, setting out that they would not be reapplying because the new hours could not be accommodated, and that they reasonably believed redundancy pay was owed.
The first answer was no.
The employer replied that the role was not technically redundant, because a reasonable alternative had been offered. Our member would have to resign instead. AMPS took the matter away for further legal input, and our member wrote back saying the decision was wrong and should be reviewed.
The result.
About half an hour after that email, a letter arrived. The employer confirmed the role would be made redundant, with five weeks’ redundancy pay. From first contact to that letter, AMPS was with our member for about five weeks.
How is AMPS so effective at defending members during workplace issues and disputes?
Our experienced case managers use our unique RED™ case resolution system. We believe real change in healthcare starts with empowering medical professionals, not bureaucrats.
If you are an AMPS member and need assistance, please submit a Member Support Form on your dashboard, or contact us on (07) 3497 5048 or hotline@amps.asn.au.
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