My new workplace sold me a lie. Should I resign?

A close family member [we’ll use the pseudonym Casey] has returned to an industry, having been cajoled to return after an absence. The terms of their re-employment were clear: their work would be limited to one aspect only of the company’s operations.

From an initial temporary “helping out”, they are now expected to work in two of the company’s critical areas simultaneously. Casey’s work hours are extremely demanding – they get no respite between work blocks. They have been unable to take any kind of leave, and the agreed wage review is on the never-never. Discussions with their employer have failed to resolve their situation.

Should Casey seek help via the Fair Work Commission? Or should they resign, even though they know this employer is likely to punish them (in a career sense) for leaving on their own terms?

If your employer has misled you about the nature of your new job, don’t be afraid to start looking for something new.Credit: John Shakespeare

Associate Professor Stephen Clibborn from the University of Sydney has done a lot of research in the fields of employment relations and law. I asked him what advice he might offer to Casey.

“It is possible this employer has breached its contract with, or promises made to, the reader’s family member. It does sound like they contracted to perform one job, but the reality is entirely different,” he says.

“The employer may also have breached this person’s minimum entitlements, under the Fair Work Act and any applicable modern award, to ‘reasonable’ hours of work, and to not have their requests for annual leave unreasonably refused. They may also have award entitlements to minimum breaks during work days.”

In our extended correspondence, you mentioned there are numerous reasons why Casey is reluctant to walk away from what sounds like an awful workplace. One of the most pressing – concerns about the employer seeking retribution – is the one you mentioned in your question, and Associate Professor Clibborn has addressed it.

“While these transgressions may potentially be dealt with in the Fair Work Commission or a court, it is unsurprising that [Casey] is wary of their employer’s response,” he says.

“Fear of repercussions is a common cause of employees tolerating mistreatment and breaches of the law. It can be difficult for an individual employee to stand up to their employer for fair and legal treatment. One way to correct this power imbalance is to join a union to gain collective power as well as practical advice.”

A union will very likely be able to help Casey work out what the best course of action might be, and part of their advice may be similar to something Associate Professor Clibborn suggested: it’s important to think carefully about how likely it is that this employer will change for the better.

“Before acting, [Casey] should consider what they hope to achieve. While it may be possible to obtain orders forcing the employer to do certain things, or to pressure the employer to voluntarily improve working conditions, once an individual commences litigation against their employer it can be difficult to maintain an ongoing harmonious work relationship.”

From what you’ve told me, Casey is the kind of person a good employer would quickly realise they’re lucky to have working for them. They love challenging work, pride themselves on loyalty and are good at what they do.

I understand that they worry that finding a new job that offers a happy medium between reasonable hours and stimulating work could be difficult. I wouldn’t suggest that I know better than them, but finding a better new job is possible. I agree with Associate Professor Clibborn that it might not be the worst time to begin a job hunt.

“One is often better to leave a bad situation and move to a better employer. It sounds like [Casey’s] skills are in demand. Unemployment is low, so the overall labour market conditions might be favourable. Of course there are different labour markets for different jobs, industries, regions, etcetera that the reader would know best,” he says.

“While I understand their fear of repercussions, an employer that is likely to punish someone for simply resigning doesn’t sound like one where you would expect a long and fulfilling career. And the best time to find another job is while you have a job. You don’t need to provide a reference from your current employer in that case.”

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