Existing contract of employment and new Legislation

[Marion]

Can an existing contract of employment (the conditions) be overruled by new legislation when the State is the employer?

My gut feeling would be no.

Wasn't there a tax case where legislation could not apply retroactively?

I know it's apples and oranges but would the principle hold?

Marion

 

[mandelbrot]

Where is the retrospective application?

They aren't saying they're paying you less for the work you've already done, nor that you have to work longer hours last year - it's all prospective and takes effect from 1/07/13...

 

[Marion]

Thanks Mandlebrot

Your post is very clear.

Can you answer the following?

Can legislation change an existing contract of employment in relation to terms and conditions?


Marion

 

[mandelbrot]

Now that IS the question...

It's already been done previously - Privilege Days, pay cuts, reduced annual leave for some grades of staff etc...

Not saying that means it was legal, just that it's already been done (in the current economic climate..!).

 

[Marion]

Thanks Mandlebrot

Was this done by legislation?

I suspect not.

(What people may agree to do, for whatever reason, is an entirely different matter)

Many public servants have been doing all sorts of voluntary work outside of contracts in the past.

So my question still is:

Can legislation change an existing contract of employment in relation to terms and conditions?


Marion