Changed Hours Could Amount to an Unlawful Termination

By CCH

A physiotherapist who was required by her employer of nearly ten years to change her working hours won the right to lodge a claim of unlawful termination of employment due to family responsibilities with the Australian Industrial Relations Commission (AIRC).

She had been working two days per week from 9am to 5pm when the employer insisted that she change her finishing time to 7pm despite knowing that her child care arrangements with available childcare services required her to collect children no later than 6pm. The employee felt compelled to resign. The employer argued the AIRC did not have jurisdiction to hear the claim but that was rejected by the AIRC. The claim resulted from a dismissal for a prohibited reason under s659 (2)(f) of the Workplace Relations Act 1996 rather than an unfair dismissal and thus will go to the Federal Court if conciliation fails.

Hurley v Rosemary Gallagher and Associates Pty Ltd [2007] AIRC 184 (13 March 2007)

(CCH Work Alert; issue 3, 23 April 2007; p 11))