Employment Contract Question

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susan12

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I applied for a job and was successful. The organisation put a number of clauses in the contract. One was a probationary period of 12 months (academic position) so pretty standard. The second however was to appoint me to a lower grade than advertised for the duration of the probationary period or until such time as I completed a specific task. Upon successful completion of a specific task I would automatically move up to the advertised grade. I accepted these terms and contracts were signed.

I fell pregnant so had a break in my probation however I am now on course to fulfil the requirements of the contract and so will be looking to move to the more senior, original position. My question is that I suspect that the organisation will attempt to get out of their obligation - cost reasons mainly. What options, if any do I have other than to sue them for breach of contract? I don't want to leave the organisation but do want the more senior role, with more money.

Any advice would be great

The contract is very clear and specific - don't want to go into too much detail given the 'small world' that academia is. Any advice would be great.
 
Susan,

Have you completed this task and more important the probationary period, thats the 12 months, not including the time you were on a work break?

Do you have a copy of your contact, is there any small print, lots of companys put in clauses to cover themselves one way or another..

Most Important get some advice from the HR as they are there to help you they are on your side

If all else fails speak to your solicitor and see if you have a case, they may want to see a copy of your contact also
 
Hmmmm HR are not the most proactive to say the least and quite honestly I wouldn't trust them as far as I could throw them! My sense is that the senior management team do not want any additional costs at the moment and their attitude is why pay me more/ promote me when we can have me for less by stringing this out and putting barriers in the way.

I am about to meet the criteria (awaiting final confirmation) and contract states that I can progress as soon as the criteria are met i.e. before the end of probationary period if applicable. I am not the type to resort to the law at the drop of a hat but my sense is it will come to that.

Anyone recommend a good employment law expert? Would be more than happy to settle for nothing other than what is in the contract i.e. higher grade and appropriate salary.
 
susan12 said:
I fell pregnant so had a break in my probation however I am now on course to fulfil the requirements of the contract and so will be looking to move to the more senior, original position. My question is that I suspect that the organisation will attempt to get out of their obligation - cost reasons mainly. What options, if any do I have other than to sue them for breach of contract? I don't want to leave the organisation but do want the more senior role, with more money.
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First point, as of yet they haven't actually done anything wrong.

Second point is there is nothing you can do to pre-empt. Achieve the objective and then speak to whoever is going to ok the elevation in grade.

If they refuse to do that, in breach it would appear of the terms of contract, then the first thing to do might be to appeal the decision internally, speak to your representative body, see if the Rights Commissioners service would deal with the claim.

I often get similar "what if" queries, the majority of the time i give some quick advice and say come back to me, 99% of the time i get confirmation that the "what if" didn't happen.
 
Extending a probation period due to maternity leave is allowed. As you agreed to a lower grade for the duration of the probationary period they would allowed to keep you on the lower salary until probation is completed.

However as it say "or until such time as I completed a specific task" and this is now completed, you should now move up to the higher position in my view.
 
susan12 said:
... or until such time as I completed a specific task.... ....I am about to meet the criteria (awaiting final confirmation) and contract states that I can progress as soon as the criteria are met i.e. before the end of probationary period if applicable.
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From the reading of your posts, the terminology given in the contract is unclear.

The former suggests that on completing the task you will recieve the promotion, the latter suggests you become eligible for the promotion but it is not a certainty.

Be sure to know the exact situation (and the legal meaning of the terms used) before taking this past an initial chat when you meet the criteria.
 
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