Other duties as reasonably required

[Adelaide]

I am required by my job to regularly (every day) perform duties that amount to approximately 20-25% of my weekly working hours that carry a higher rate of pay. I don't get the higher rate of pay - in fact the role is listed on another persons job description and they have never been required to perform these duties. The two jobs require completely different skills.

What are my rights? Really hope someone can help.

Thanks in advance.

[teaboy2]

Re: Other duties as reasonably required

If your effectively doing tasks that belong to another persons role and they are not therefore doing said tasks as a result of you doing them.

Then 1) you should be paid extra

or 2) the tasks should be given back to the person who is supposed to be doing them according to there contractual duties.

First step - have an informal discussion about this with your manager making it clear you will no longer be performing the extra tasks and said tasks should be performed by the person who's duties said tasks fall under. Also point out whilst your aware that you expected to carry out reasonable requests, there is a differences between reasonable use of such reasonable request clause in your contract and abuse of such use of such clause which makes the request unreasonable and a potential breach of contract.

[Adelaide]

Re: Other duties as reasonably required

If your effectively doing tasks that belong to another persons role and they are not therefore doing said tasks as a result of you doing them.

Then 1) you should be paid extra

or 2) the tasks should be given back to the person who is supposed to be doing them according to there contractual duties.

First step - have an informal discussion about this with your manager making it clear you will no longer be performing the extra tasks and said tasks should be performed by the person who's duties said tasks fall under. Also point out whilst your aware that you expected to carry out reasonable requests, there is a differences between reasonable use of such reasonable request clause in your contract and abuse of such use of such clause which makes the request unreasonable and a potential breach of contract.

Thank you for you reply. Your help is very appreciated.

This has been questioned and the duties expected for which we weren't being paid extra were confirmed in writing and again verbally. Is there a point where the percentage of time you fulfil this role makes it your main duty and incurs full pay at the same rate. The role is exclusively fulfilled by others who are paid less as opposed to those who should be fulfilling the role? Is there a claim for back pay?

[teaboy2]

Re: Other duties as reasonably required

Thank you for you reply. Your help is very appreciated.

This has been questioned and the duties expected for which we weren't being paid extra were confirmed in writing and again verbally. Is there a point where the percentage of time you fulfil this role makes it your main duty and incurs full pay at the same rate. The role is exclusively fulfilled by others who are paid less as opposed to those who should be fulfilling the role? Is there a claim for back pay?

The point in time thing your referring to is known as customary and practice - But in your case it is of no use to you. As the employer could claim that as you had being do such tasks for no extra pay for x amount of time, then it was customary practice for you to perform those tasks and therefore they had become an implied term of your contract.

Your best action is to argue (informal at first, then by grievance procedure, if the informal approach doesn't work) that the extra duties being expected of you, continuously and over x amount of time, amounts to a variation of contractual terms (reference your duties in your contract) to which you do not and did not agree too. Hence why you should refuse to carry out the tasks in future as they are abusing the reasonable request clause, in order to force/make you to carry out extra duties (as an additional contractual term) - Which amounts to an unlawful variation of contract.

Though you can off course also state that you would be willing to negotiate a new level of remuneration in return for you doing the additional tasks and having them included as part of your contractual duties! - As stating that would show your willing to negotiate and resolve the issue reasonably and fairly!

[Adelaide]

Re: Other duties as reasonably required

The point in time thing your referring to is known as customary and practice - But in your case it is of no use to you. As the employer could claim that as you had being do such tasks for no extra pay for x amount of time, then it was customary practice for you to perform those tasks and therefore they had become an implied term of your contract.

Your best action is to argue (informal at first, then by grievance procedure, if the informal approach doesn't work) that the extra duties being expected of you, continuously and over x amount of time, amounts to a variation of contractual terms (reference your duties in your contract) to which you do not and did not agree too. Hence why you should refuse to carry out the tasks in future as they are abusing the reasonable request clause, in order to force/make you to carry out extra duties (as an additional contractual term) - Which amounts to an unlawful variation of contract.

Though you can off course also state that you would be willing to negotiate a new level of remuneration in return for you doing the additional tasks and having them included as part of your contractual duties! - As stating that would show your willing to negotiate and resolve the issue reasonably and fairly!

Thanks again.

Had not received a job role/description for my job until it was discovered this role was on another's job description. I received the job description (for my job) upon request almost four years after the starting the job. I was trained from day one that these duties were part of my job - initially as cover. I was completely unaware of the reasonable request clause as I was of the impression that all duties were my job.