What if the centre is out of ratio at the end of the shift

[Leeny76]

Hi,

I am a casual. I originally claimed a 10-2 ISS shift. A couple days before the director asked could I work 8-4 instead. I said I could only do 9-3 that day as I had to pick up / drop off my kids from school. She said okay, thanks. On the day, a few minutes to three she asked could I stay longer, as they would be out of ratio (7 toddlers (1:5 ratio needed) for one staff). I said no I need to pick my daughter from school. She said she couldn’t stop me from leaving but I would be leaving them out of ratio. Is this going to be an issue for me? Am I in violation of the regulations for not staying, or are they for not trying to get another staff member that could do 8-4 to begin with? Or are we both wrong? Bit worried about my job now.

Thanks

[Lorina]

Hi!

Since you were only required to work 9-3 and you finished your shift it's not upto you to stay back due to ratios. The director should have alternative arrangements especially if you mentioned that you're unable to previously because of prior commitments.

It's not your problem and the director shouldn't make you responsible. In such situations where ratios need to be covered, staff need to be shifted or combined for example, or the director herself has to go onto the floor until ratios are covered.

Nothing for you to worry about because it's not your responsibility.

,
Lorina

[debrae]

Hi Lorina, I know this is an old thread now but I have run into the same problem. I work 8:30-4:30 and I'm told I can't leave because they are not in ratio (most staff members are told the same thing from about 4pm onwards) I feel this is not right, and there is no overtime paid for the time stayed back after shift has finished. I was wondering if there is a site I can view to know what my legal rights are, if you could help that would be much appreciated.
Deb

[Lorina]

I'm sorry to hear about your situation. It's important to know your rights as an employee. The **Fair Work Ombudsman** is a key resource for understanding your workplace rights and obligations. Here are a few relevant points and resources:

1. **Fair Work Ombudsman**: This site provides comprehensive information on your rights, including minimum entitlements, overtime pay, and workplace conditions. You can visit their [Know Your Rights and Obligations](https://www.fairwork.gov.au/workplace-p ... bligations) page for detailed information¹.

2. **National Employment Standards (NES)**: These standards set out the minimum employment entitlements that must be provided to all employees. This includes regulations on working hours, overtime, and leave entitlements. More details can be found on the Fair Work Ombudsman's [Protections at Work](https://www.fairwork.gov.au/employment- ... ns-at-work) page².

3. **Employee Rights**: For a broader overview of employee rights in Australia, including protection against unfair treatment and discrimination, you can check out resources like [Boundless EOR](https://boundlesshq.com/guides/australi ... ee-rights/)³.

If you feel your rights are being violated, you can also contact the Fair Work Ombudsman directly for advice and assistance. They can help you understand your entitlements and how to address any issues with your employer.

,
Lorina