By scubaroo - 12 May 2017 12:49 PM
Ok guys,
Little bit of a question im trying to help my mother with, ive sat on fair work for an hour to no avail and my workplace law knowledge actually doesn't exist and can't find anything specific but... here's the situation.
My mother is 66, she works 15 hours a week in a drycleaners, she is CASUAL and has had the exact same hours for 13 years, picking up extract when she can.
She has told her boss in writing that she is retiring in November.
The boss has now employed a new person (also casual) to take over her hours and so my mother's hours have been tapered down where she will be losing more and more hours until November.
Is this legal?
I thought a casual worker over 65 had the right to carry on their hours until they retired, can anyone clarify?
She was trying to do the right thing by the boss, rather than just saying in November "see ya!" Which she probably shouldve done.
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By Aljay - 15 May 2017 8:57 AM
Yes, you can vary a casual staff members' working hours, even a long-term casual. After this length of time, it would ideally have been in writing and with a few weeks notice.
On the other hand, 15 years of the exact same weekly hours and shift times will be a slam dunk ruling that she was a permanent part-time staff member and owed annual leave on top of her hourly wage.
She would need to lodge a case with FWA and present evidence such as payslips & proof of hours to an FWA appointed mediator or possibly judge.
Try the union, but they might be a bit unhelpful if she is only joining now, a few months from retirement and when she needs help. It's not unheard of for them to ask for memebership back fees. Also keep trying to get through to FWA.
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