Being made redundant while Pregnant
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Category: Pregnant
Forum Name: Pregnancy
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=18046
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Topic: Being made redundant while Pregnant
Posted By: jayne
Subject: Being made redundant while Pregnant
Date Posted: 08 June 2008 at 10:31pm
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I have just been made redundant from my job I have been at for a year and a half. They didn't say it was due to the pregnancy they said it was 'restructuring'; they want someone to work full time.
They know I can't work full time because of my children, which is why I applied for the "part-time job perfect for mothers with school aged children" Now at 15 weeks pregnant they have made me redundant with 1 month notice. There is no way I will be able to find another job while I'm pregnant, and we can't afford for me not to work at the moment, we had everything planned out including the paid parental leave which I will now not be entitled to even if I find another job I won't be eligible for it! Can they do this to me?? Is there anything I can do or has anyone else experienced this? I have "the meeting" with my employer on Tuesday. It seems so unfair!  ------------- http://women.evenhealth.com"> 
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Replies:
Posted By: .Mel
Date Posted: 08 June 2008 at 11:06pm
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Well they are replacing you with someone who can do longer hours etc. They can't rehire a person for your position. Which basically means that they will have to rename your position and make it a "new" job, even though your replacement will in effect be doing your job. Make sense? They have to be very careful how they do it too.
Call Department of Labour in the morning. Try and get some sleep tonight. ------------- Mr Mellow (16) Miss Attitude (8) Destructa Kid (3) 
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Posted By: Nefertiti
Date Posted: 08 June 2008 at 11:17pm
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That really sucks. Did they ask if you could work full time BEFORE doing this? You didnt mention that. I think they would have had to offer you this first. Is there any chance at all you could work full time and stay so then you could get parental leave? I know its hard, but if it means you keeping your job you might be able to use before/after school care (most schools have this...or another mum if you advertise in school newsletter). Especially since you counted on paid parental leave. I really hope they can make some comprimise with you.
Oh...perhaps ask if you could job share? Good luck sweetie 
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Posted By: kebakat
Date Posted: 09 June 2008 at 9:49am
| This won't help with your current job, but you could always do some temping until you planned on going on maternity leave |
Posted By: Mazzy
Date Posted: 09 June 2008 at 11:16am
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This happened to me when I was 20 weeks pregnant with my first child. It sucks, I totally know how you feel and the stress is definitely not what you need right now. I fought them on it, but in the end became sick with the stress so decided to leave anyway.
If you think they are going to replace you with someone else who will be doing your job anyway, that is not legal. Being made redundant means that your job is no longer needed, or will need to be changed substantially. Even then, they need to offer it to you first. Can you talk to an employment lawyer? Do you have a union? They will be able to help too. Are they restructuring? If so, I think there is a section in the Employment Relations Act that states that you have to be offered a chance at the new positions and if none are suitable then I think they actually need to help you find other employment. But don't quote me on that - it was two years ago and I'm fuzzy on the details. It will also depend on what is in your employment contract, so get that out and take a look. Edit to add: Actually, I now remember that they have to follow a process to go through with redundancy and that should be laid out in your employment agreement (it's law that they have this in writing). Usually the process involves putting their proposal to you in writing and giving you an opportunity to respond with alternatives...I'm pretty sure they can't just tell you 'you're redundant' and give you a month's notice without following this process. Check it out. (I've PM'd you with some more details). Employers have rights too, and if they are changing the job and need someone else, unfortunately they are within their rights to go ahead with the redundancy - sucky timing for you, and not very nice, but they can do it. Check out this link for the department of labour: http://www.ers.govt.nz/parentalleave/employees/redundancy.html - Dept of Labour Also take a look at the Employment Relations Act. Good luck, I hope you find a solution and things all work out. I really feel for you ------------- Mum to two gorgeous girls! |
Posted By: Mum2L
Date Posted: 09 June 2008 at 11:49am
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I would definitely talk to the Department of Labour about this. It sounds like they are being very creative in the way they are firing you. This has happened to a couple of friends, who took their case to the Employment Disputes Tribunal and won.
And normally when a company does do redundancies, they will usually do it more than one position, so to only do it for you really makes me suspicious. The Department of Labour of great at explaining your rights. ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Posted By: Mazzy
Date Posted: 09 June 2008 at 11:54am
That's a really good point. In my situation it wasn't just me but about 15 other people who were being made redundant from my area, so it was slightly different. If it's just you and no-one else in your company, then that's definitely something to get suspicious about. There is a phone number for the Dept. of Labour help line in the link I put in my previous post. ------------- Mum to two gorgeous girls! |
lady_aset wrote:Posted By: jayne
Date Posted: 09 June 2008 at 10:12pm
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Thank you all for your responses. It is only my job they are 'restructuring' and being made redundant. I phoned the Dept. of Labour they said that I can't get Maternity leave since it is not 6 weeks before the birth. If my employer had cited pregnacy as a reason for the redundancy then i could have done something but since they didn't, there is not much I can do. I do like the idea of temping though, that is a good idea.
Thanks everyone  ------------- http://women.evenhealth.com">
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Posted By: caitlynsmygirl
Date Posted: 09 June 2008 at 10:16pm
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Im so sorry your bosses have put you through this, when your pregnant its the last thing you need
Can they still do that though?say its because you cant do fulltime hours so they are making you redundant when they hired you for part time? Goodluck with the temping chick
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Posted By: jayne
Date Posted: 09 June 2008 at 10:17pm
No they haven't asked me to work full time in the past. They did say however that I could apply for the new full time job which is basically the same job I do now with a few extra things added to it. They didn't even offer me the job, said I could 'apply' for it! ------------- http://women.evenhealth.com">
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Posted By: jayne
Date Posted: 09 June 2008 at 10:20pm
Hi caitlynsmygirl I think they can do this legally because they haven't cited my pregancy as the reason for the redundancy. They did advertise the job as part-time which is why I took it! I don't know how much of that is legal but they seem pretty clued up legally. I'm having a meeting with them tomorrow, I'll let you know how it goes! ------------- http://women.evenhealth.com">
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Posted By: caitlynsmygirl
Date Posted: 09 June 2008 at 10:25pm
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i worked for a guy who completly stuffed me over , he made me redundant but didnt change the job role or anything but the worst thing was he deducted about $600 from my final pay because my DAD owed money on his bill( i worked at a dentist) i kept meaning to do something about it, and never did and he got away with it really , so please dont let the same thing happen to you -if you have been treated unfairly, and im not an expert but it sounds to me like they have been very unfair, then find someone who can let you know what they definetly are and arent allowed to do-dont let them scare you with their knowledge on it .'
Good luck with the meeting ! (and btw ,you can call me kelly , its easier to write than caitlynsmygirl )
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Posted By: Two Blondinis
Date Posted: 10 June 2008 at 8:44am
That sounds like absolute BS to me! I used to work for DoL but not on the phones in the call centre so I'm not 100% on this. But this just sounds too suspicious for it not to be because of your pregnancy! How can they make just your position redundant?!?!? I thought the flexible working agreement had already come into force? I'm on that but I work for a crown entity (like a govt dept but not). If it is in place you should be covered under that as you already have children and they were aware of that when they hired you for a part-time position. Call back and ask to speak to the team leader there. Hopefully Maxine or Mark are still there as they've been there for years and are very clued up in all employment relations matters. Good luck hun ------------- http://lilypie.com"> 
 
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Posted By: Mum2L
Date Posted: 10 June 2008 at 12:32pm
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jayne - I'm afraid what your employer is doing is illegal, and I would contact a lawyer who specialises in employment law.
To tell you that it is only your position, and then for them to advertise it as a full time position after you leave is not right. Even though they have not said it is due to your pregnancy (they are trying to cover their tracks), the other things that they have said to you is illegal Please heed my advise. You have rights, and you should exercise them. ------------- http://lilypie.com">
http://lilypie.com">
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Posted By: FionaS
Date Posted: 10 June 2008 at 12:37pm
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Hi there. I work in HR and have facilitating restructuring processes several times.
The first and most important thing is - did they follow a consultation processs with you i.e. invite to you a meeting outlining the situation and POSSIBLE redundancy, provide you with specific business reasons, give you a chance to make suggestions, enable you to have a support person at all the meetings (there should have been at least 3 meetings) and reply to all your comments in writing BEFORE deciding to make your position redundant? Procedure is the most important thing in restructuring situations. You most certainly should've been given the opportunity to take on full-time hours. ------------- Mummy to Gabrielle and Ashley |
Posted By: jayne
Date Posted: 10 June 2008 at 7:09pm
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I had a brief meeting today about it, they are offering me the full time job if I want it and told me to take my time and think about what I want to do, so I just need to decide if I want to work full time and not see my kids much putting them in before and after school care or get made redundant and not have much money until the baby is born.
If I did put my kids in before and after school care then the cost of that and the extra hours of daycare for my toddler would kind of cancel out working as the cost of all that would almost amount to what I get paid! So I guess I have to turn down the full time job and go redundant. Something to think about I guess! ------------- http://women.evenhealth.com">
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Posted By: linda
Date Posted: 10 June 2008 at 8:03pm
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Why not take the full time job until the six weeks prior to your due date. Go on maternity leave for 12 months and then resign! That would cause your boss to do some juggling, might be worth it! ------------- http://lilypie.com"> 
Alex 6 and Harry 8 |
Posted By: BaAsKa
Date Posted: 10 June 2008 at 8:32pm
I agree!!!! your boss has really mucked you around so take the full time until you are elegible for ML then you have all that time off and have the money and hopefully your boss feels the pinch! |
Posted By: jayne
Date Posted: 10 June 2008 at 8:46pm
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That is a really good idea that's what my husband and I are trying to work out if I can take the full time role at least until I go on maternity leave ------------- http://women.evenhealth.com">
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Posted By: VannesaD
Date Posted: 10 June 2008 at 9:40pm
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I'm in a similar but different (hows that for english?) position. My position has been 'changed' so much since I joined the company 10 months ago - without any remuneration change so I can't argue because effectively they have reduced my responsibilities for the same pay. However since announcing my pregnancy it seems there is suddenly another change (after they advised verbally there would be no more changes) where I lose yet more responsibility and end up with a role I don't really want (in short I've gone from managing 18 staff over 3 departments to, when this change is made, managing 6-8 staff in one department only). My dilemma is do I rock the boat and force them to formally 'restructure' my position and effectively make me redundant because I don't want the new position that will be created or do I just 'hang in there'. I'll probably 'hang in there' for now so I am entitled to ML.
My suggestion Jayne is to ring an employment agency (I can PM you the name of one that might be able to help) and ask for their advice. The agency I rang actually got their lawyers involved because it was quite complicated as the whole business has undergone change since I joined - but in the end because I haven't been penalised financially and they haven't taken my core responsibility away (managing) I don't have a leg to stand on - yet. But I would agree with the other ladies - if you can manage it and it won't affect you financially (eg. it won't 'cost' you money over the extra you earn to have your children in full time care) I would be inclined to take the role until you take early maternity leave (use your annual leave that you accrue) and then take the full ML allowance. At least this way you WILL get paid parental pay whereas if you re-sign or are made redundant before your ML then you are not entitled to any payments for ML. p.s If you want, you can re-resign after you are on ML (after your annual leave has been used) and you still get paid the 14 weeks by the government. -------------  
http://lilypie.com"> 
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Posted By: ShanzD
Date Posted: 16 June 2008 at 10:40am
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you could contact the union who may be able to help you. I think you have 14days to file a personal grievance etc. ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Posted By: jayne
Date Posted: 10 July 2008 at 9:41pm
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My employer has agreed to let me stay on and not make me decide about if I want the full time job or not until I go on maternity leave so I am very happy with that I can work there until I qualify for leave then tell them my decision that I don't want the full time job and still get maternity leave which means I won't have to find another job and it won't leave us in financial difficulties :)
I am very glad things worked out in the end, thanks for everyone's support and advive!  ------------- http://women.evenhealth.com">
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Posted By: WestiesGirl
Date Posted: 10 July 2008 at 10:00pm
Yay thats wonderful news. Well done  ------------- Our Angel July 08  Gone but not forgotten
And to complete our family, our princess has arrived 
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Posted By: Mazzy
Date Posted: 10 July 2008 at 10:01pm
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That's awesome news, I'm happy to hear it worked out ok for you ------------- Mum to two gorgeous girls! |