Your rights: I deserve more than this

By JOHN HANNAN*

Q. I am working for a technical services company, which I was transferred to after being made redundant from a sister company.

My new employer presented me with a contract that included a three-month trial. But I had been working for nine months at the sister company as a permanent employee.

What I want to know is, as I have been in the same group of companies almost one year, will my service count as a one year or as just three months with the new employer?

I have also been harassed by one senior employee at my new workplace and although I have discussed this with my supervisor nothing seems to have been done.

I feel my employer is not going to listen to my grievance as I am new here, but I have worked within the same group for almost a year and feel I deserve more respect. What can I do?

Much of the harassment takes the form of verbal abuse when there are no witnesses, so it's my word against his. How can I go about proving the abuse?

A. When you were made redundant from the sister company your employment came to an end. You will not have continuity of service unless the new employer specifically agreed to that. So your service will probably count as just three months with the new employer.

If the employer that made you redundant promised that you would have continuity of service you may have a claim against it.

You also asked about harassment. Employers are responsible for preventing or stopping harassment.

Approach your supervisor once again. If you still get no response, check the procedures in your employment agreement and in any employee manual or any human resources manual. If there is nothing in those documents, approach the HR manager if there is one.

Failing all of that, you can approach your supervisor's manager or ask the Labour Department's mediation service for help.

As these are sister companies, is there anyone who you know and respect in your previous employer who would be prepared to approach your supervisor?

You asked about proving verbal abuse - don't be deterred just because it's your word against his. Employers have a responsibility to investigate complaints of harassment, your employer will simply have to make a decision about whom it believes.

Don't try stunts like taping conversations. But you might ask around the workplace whether the harasser has a reputation for this sort of thing. If so, your employer is more likely to accept your version.

You do not have to put up with harassment and although it may be difficult to raise the issue, your employer has a responsibility to protect you.

If the employer is not prepared to respond, is this a workplace you wish to remain in?

*John Hannan is a partner of Phillips Fox, specialising in employment law. Answers are of a general nature only and should not be substituted for specific legal advice.

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