Your rights: Uncertainty over role

Q. Two months after starting a new role, I was presented with a revised position and salary package (which I gladly agreed to) that was to have begun in June last year. A few weeks later a new general manager was appointed who has since restructured the company. As a result my anticipated new role has not materialised.

Despite numerous requests to revisit and renegotiate my package, the general manager has kept me on my original package, even though I have to perform a different role.

Where do I stand in regards to: the revised position and package presented by the previous general manager; having to perform in a new position under my original contract; and the delay in negotiating a new package.

The company is Australian-owned and many decisions seem to need approval from Australia, which takes an inordinate length of time.

I thoroughly enjoy the job and see good prospects over the next few years, but would like to bring this situation to a close.

A. One of the main causes of frustration and concern in the workplace is uncertainty over role and responsibility definitions. Employers can eliminate much of this frustration and concern by clarifying roles and responsibilities as changes occur.

Unfortunately, it appears that your company has not clarified your role, terms and conditions of employment. The fact that your company may be owned and managed from Australia may help explain the situation but it does not excuse the fact that you are uncertain about where you stand. A little communication can go a long way.

Your revised position and package amounted to an agreed variation of your terms and conditions of employment. Your employer was from that day forward bound to honour your terms and conditions.

However, your employer was entitled to subsequently restructure the company. The restructuring might have included the disestablishment of your new role. There would be nothing unlawful in this assuming the decision to disestablish your new role was for legitimate commercial reasons and that it was carried out fairly.

Your employer cannot expect you to simply return to your old role following the disestablishment of your new role. This would require your agreement.

I suggest that you again ask for a meeting to clarify your position and package. However, this time try setting a time frame for this to take place and indicate that if your request is rejected that you may consider that an employment relationship problem exists. The general manager might pay a little more attention if your request is copied to the company's human resources manager/director.

If nothing happens you may want to ask the Department of Labour's Mediation Service for help. A telephone call from a mediator to an employer can work wonders for getting the communication flow up and running again.

Uncertainty over role

Q. Two months after starting a new role, I was presented with a revised position and salary package (which I gladly agreed to) that was to have begun in June last year. A few weeks later a new general manager was appointed who has since restructured the company. As a result my anticipated new role has not materialised.

Despite numerous requests to revisit and renegotiate my package, the general manager has kept me on my original package, even though I have to perform a different role.

Where do I stand in regards to: the revised position and package presented by the previous general manager; having to perform in a new position under my original contract; and the delay in negotiating a new package.

The company is Australian-owned and many decisions seem to need approval from Australia, which takes an inordinate length of time.

I thoroughly enjoy the job and see good prospects over the next few years, but would like to bring this situation to a close.

A. One of the main causes of frustration and concern in the workplace is uncertainty over role and responsibility definitions. Employers can eliminate much of this frustration and concern by clarifying roles and responsibilities as changes occur.

Unfortunately, it appears that your company has not clarified your role, terms and conditions of employment. The fact that your company may be owned and managed from Australia may help explain the situation but it does not excuse the fact that you are uncertain about where you stand. A little communication can go a long way.

Your revised position and package amounted to an agreed variation of your terms and conditions of employment. Your employer was from that day forward bound to honour your terms and conditions.

However, your employer was entitled to subsequently restructure the company. The restructuring might have included the disestablishment of your new role. There would be nothing unlawful in this assuming the decision to disestablish your new role was for legitimate commercial reasons and that it was carried out fairly.

Your employer cannot expect you to simply return to your old role following the disestablishment of your new role. This would require your agreement.

I suggest that you again ask for a meeting to clarify your position and package. However, this time try setting a time frame for this to take place and indicate that if your request is rejected that you may consider that an employment relationship problem exists. The general manager might pay a little more attention if your request is copied to the company's human resources manager/director.

If nothing happens you may want to ask the Department of Labour's Mediation Service for help. A telephone call from a mediator to an employer can work wonders for getting the communication flow up and running again.

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