Questions

• I accepted a position and gave my notice, but now the hiring manager from the new company called to say there’s been a change in strategy and they can’t go ahead with the position. Do I ask to take back my resignation?

  Recruitment expert Megan Alexander CA says:

  The hiring process can be unpredictable. In the current hiring market driven by cost-conscious decisions, companies are balancing the need for talent with wage budget constraints. To get a full understanding of the situation before you consider your next move, politely ask the hiring manager for more information on the change of strategy. This will help you understand if it’s a company-wide issue or something role specific and if this change of plan is permanent.

  If there is no foreseeable option to join the new company, the first thing I would ask yourself is why did you leave your previous job in the first place? If it was for reasons including mismatched company culture, being underpaid or undervalued, then reapproaching your former employer may not be the best move if these things remain unchanged.

  However, if you have positive reasons for returning, it is definitely an option for you to explore. While there is no guarantee your former employer can resolve the issue (as they may have filled the position already), being transparent about your intentions could result in a solution in the longer term or a referral landing you your next opportunity. To approach this conversation, don’t apologise for resigning, but express your continued interest in the company.

  Finally, you could view this unforeseen circumstance as a fresh start. Job vacancies are in similar numbers to those before the pandemic, so there is a plethora of positions for you to explore. Connecting with a recruiter is an effective way to evaluate job opportunities that suit your skills and experience.

• I have just started a new five-day-a-week job and my contract hours are 8am to 5pm. This makes my minimum working week to be 40 hours. I understand under the National Employment Standards (NES) the maximum weekly hours for full-time employment is 38. I know extra working hours are allowed if “reasonable”, but I don’t understand how I can be contracted to work a 40-hour week. Please help!

  HR expert Holly Wilson says:

  Under the National Employment Standards (NES) in Australia, the maximum weekly hours for full-time employees are set at 38 hours. However, this does not mean that your employment contract is automatically in breach if it lists 40 hours.

  The NES allows for additional hours beyond the 38-hour standard, provided these hours are “reasonable”. The concept of reasonable additional hours includes factors like the nature of your job, the notice given and any workplace agreement or contract that applies, and any personal circumstances that might make extra hours unreasonable.

  If your contract states 40 hours per week, it’s likely that the additional two hours are considered part of these reasonable additional hours. Contracts can specify working hours above the NES maximum if both parties agree and this is generally accepted when the hours are within the bounds of reasonableness.

  It’s essential to check if there are any awards or enterprise agreements that apply to your role, as these may set specific conditions around overtime or weekly hours.

  If you’re concerned about whether your contract complies with workplace laws, I would recommend discussing it with your employer as soon as possible, to clarify the expectations around those additional hours.