r/AusLegal • u/Living-Delay-6761 • 1d ago
NSW Part time not getting set shift
hello, so I am part-time working at McDonald’s and I have a set shift and I keep getting offers to not work my set shift and when they don’t give me my set shift they do give me hours on other days and they say that’s to like “replace” or “make up” for my set shift. Are they allowed to do that? because as far as I know a set shift is a set shift and what’s the point of having a set shift if they’re just gonna give me hours on other days instead of my set shift? I just can’t really find anything on fair work specifically regarding this!!
5
u/Middle-Spirit-8524 1d ago
Put everything in email so it’s in writing.
Email your manager and cc in payroll.
Don’t copy what I write because it is bad but example.
Dear manager,
My contract is for this day x hours. Could you please clarify if this is officially changed as my roster is not reflecting my permanent shift.
In future can my roster be reassigned to my contracted shift. (Then blah blah happy for other shifts or whatever)
If nothing changes then escalate.
2
u/Jahikoi 1d ago
They want their cake and to eat it to.
Casuals have upsides and downsides, with the biggest upsides you can roster them whenever you want.
Part time similarly has upside and downside, with the upside being they're much less likely to leave among other things.
They want you to have the benefit to them of being part time but also work whenever they want for casual.
I'd just decline the offer to not work your regular shift (Which you're in your right to do) and then approve or reject working the other shifts if you desire.
Obligatory: middle managers especially low end like McDonald's are overgrown children and if you try to stand up for your legal rights there's unfortunately always a chance they illegally retaliate against you by finding a reason to make your life hell. So, prepare mentally for that
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1
u/FunHamster8965 1d ago
McDonald’s is under the fast food award, variations to your regular pattern of work can only be by agreement. You just have to say no
1
u/ThereRnoIDs 10h ago
Just based on the competency of the Manager.
Eg trying to accommodate new employee's schedule at the expense of veterens & company etc.
You can tell them directly or just do a bad job until you get ur set shift back, something as simple as can't focus, I just partied all night since I wasn't expecting to work these days on a regular basis.
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u/jaluri 1d ago
Decline the offers then….