After 3.5 years of rolling contracts with a company, my job, along with a number of others in the same department, is being outsourced. The facts, as I know them are as follows:
My contracts were as follows starting in early November 2011:
- Third Party company, contracting me to my current employer: 6 months
- Company contract: 1 year
- Company contract: 6 months
- Company contract: 1 year
- Company contract: 6 months (current)
My current contract ends on 3rd May. My role, along with others, is being outsourced. The handover process for this outsourcing is being carried out on a phased basis and is due for completion around October/November of this year.
My "company" contracts have always entitled me to every benefit that a permanent employee receives (annual leave, pay for Public Holidays, sick leave, pension contribution, etc.) EXCEPT for the pay-for-performance component of an annual review.
In my yearly review I have always achieved a score which equates to: "Performance consistently meets role requirements and expectations relative to agreed objectives and role profile."
My employer has informed me that they are not going to renew my contract and believe they have no obligation to:
- Extend my contract.
- Ensure I obtain a similar position with the outsourcing company.
- Provide me with any redundancy (-type) payment.
- Provide me with any assistance whatsoever.
There is a full-time, permanent employee performing a near-identical role to myself. They have been given the choice of either staying in the company, where a role will be found for them, or transitioning to the outsourcing company. They may have been offered other options as well.
My question is: is the company within their rights to do this, or is there de facto discrimination at play here?
Thank you for your kind attention.
My contracts were as follows starting in early November 2011:
- Third Party company, contracting me to my current employer: 6 months
- Company contract: 1 year
- Company contract: 6 months
- Company contract: 1 year
- Company contract: 6 months (current)
My current contract ends on 3rd May. My role, along with others, is being outsourced. The handover process for this outsourcing is being carried out on a phased basis and is due for completion around October/November of this year.
My "company" contracts have always entitled me to every benefit that a permanent employee receives (annual leave, pay for Public Holidays, sick leave, pension contribution, etc.) EXCEPT for the pay-for-performance component of an annual review.
In my yearly review I have always achieved a score which equates to: "Performance consistently meets role requirements and expectations relative to agreed objectives and role profile."
My employer has informed me that they are not going to renew my contract and believe they have no obligation to:
- Extend my contract.
- Ensure I obtain a similar position with the outsourcing company.
- Provide me with any redundancy (-type) payment.
- Provide me with any assistance whatsoever.
There is a full-time, permanent employee performing a near-identical role to myself. They have been given the choice of either staying in the company, where a role will be found for them, or transitioning to the outsourcing company. They may have been offered other options as well.
My question is: is the company within their rights to do this, or is there de facto discrimination at play here?
Thank you for your kind attention.