Talk

Advanced search

Demoted on Parental Leave

(7 Posts)
Duke32 Tue 28-Oct-14 05:14:50

I was demoted while on parental leave one week before Christmas. I was in my position for 9 years, with the company for 20 years. I was good at my job and maintained the department. Basically everyone I have talked to has said take the one year settlement and start over. I work in a very small industry, family to take care of and worked my way to the that position. Management is standing behind the manager who is a bully. The investigation by labour did not agree on either side. There is no union, there is no ombudsmen. I have search everyone and I am hoping that someone will see this and share that they were successful in winning their labour case. We have laws that protect us but what's the point if we never get the chance to use the laws or even know if the law will protect us when push comes to shove?

Lonecatwithkitten Tue 28-Oct-14 07:00:13

Are you in the UK? Just the word labour suggests perhaps you are not. Asking to ensure you get correctly advised.

FanSpamTastic Tue 28-Oct-14 07:07:02

You need to think about what the best possible outcome for you is realistic. I imagine that you would just want your old position back but given the position that management have taken then even if you were to win a case then how likely is that? So if you are not going to get your position back then are you seeking the best compensation package? If so then what has been offered - sounds like 1 year? What might you get if you were to go to court? If not substantially more then what is the point of court action? You need proper legal advice before you decide to go down this path. You need an assessment of your case and a realistic assessment of potential outcomes.

YonicScrewdriver Tue 28-Oct-14 07:07:42

Is it one year of full pay? Check the tribual/labour court limits for where you are as it may be that you wouldn't get more compensation than this even if you win, especially bearing in mind the costs to you of lawyers in the meantime and the delay in moving on.

Also, if what you want from tribunal is your old job back, this may not be something they can or do "order" as it's difficult to go back to a situation like that.

Duke32 Thu 30-Oct-14 03:40:35

Canada. Been to a lawyer, 3 options. Lawsuit time limit of 6 months to act. Could spend up to 20K and can only get maybe 5k its up to the Judges discretion. The laws are so out of date and on the side of the business. It's not even a real consideration. Option 2 & 3 Labour Board and Human Rights commission. Human Rights Commission is so busy that its six months before a mediator will even look at the case. So the Labour Board option, they investigated and did not rule in favour of either party so the investigation goes on. I'm looking for hope from someone who's gone through this or does everyone let the company take over? The tribunal has the option to order the job back and or 6 months back pay. The staff were not against me, just the manager. People keep saying realistic yet how can you say what the pattern is if no one can explain what the rates are. If you said your legal rights are worthless or only 15% of being held. Why does not one come out and say that. Should we tell every one who's rights are trampled on to just take it and go home if you have a home to go back to.

YonicScrewdriver Thu 30-Oct-14 08:14:39

This board is primarily UK posters so may not be the right place for advice for you. A UK tribunal would be likely to rule that a year's pay was sufficient compensation and would be unlikely to reinstate the job.

Duke32 Sat 01-Nov-14 00:47:54

Thanks for the comment and assessment.

Sounds pretty much like what would happen here in Canada. The rule seems to be we won't make a wrong to correct a wrong. Boards don't want to be the bad guy and take out a current employee to put back the original employee. Which makes no sense that the company is allowed to make a mistake and be protected because of this logic.

Have tried looking everyone for feed, board discussions on this subject, very little out there. I very much appreciate people's feedback. Parental leave is still over all a hot topic and evolving through the world. Lots of future work for lawyers. If America ever gets off the sidelines, could you imagine what that would do for everyone. Plus more males are going on parental leave so this has change the game. Thank you again for people comments.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now