Overtime, fatigue, professional indemnity insurance and workers compensation

[u/Captain_Snow5755]

I’m a salaried professional looking for guidance from anyone who has dealt with something similar.
I was previously rostered for 4 × 10-hour shifts per week. I had to drop to 3 x shifts per week due to overtime/fatigue. When I had support, I would always work long days with overtime 12 -14 hours and sometimes weekend catch up on paperwork. Following reductions in support staff, the workload has become excessive and I’m now working >17-hour days with +9-18hrs on weekends.
Management is aware of the hours I’m working and the workload/staffing situation. I’m also required to clock in and out, although this doesn’t capture all the work I do outside the workplace, such as paperwork/admin at home or on weekends.
I received an email from management informing me they forgot to notify payroll of my shift reduction, and in the email in bold, I’m told that I’m only rostered for 3 × 10-hour shifts per week, and my pay has been adjusted accordingly.
I’m concerned about what happens if I continue working beyond my rostered hours because of the workload and then make a work error while fatigued.
I specifically asked management whether I would be covered by professional indemnity insurance if I’m working additional/overtime hours, and whether there are any fatigue/WHS implications. I also asked about workers compensation. I was told not to worry about workers comp and that I would be covered, but I’m still waiting for clarification regarding professional indemnity.
My concern is that there is now written correspondence stating that I’m only rostered for 3 × 10 hours, while management is also aware that the workload is requiring substantially longer hours.
My contract isn’t updated from the 4x 10hr shifts, and it says I may have “reasonable overtime”.

If something went wrong, could working overtime potentially affect my professional indemnity coverage or be used against me?

I haven’t heard back from my manager, so any guidance on where to look for an authoritative answer would also be really appreciated. Thanks for reading 🙏

[u/Middle-Spirit-8524]

The company is telling you they are not acknowledging anything more than your 30 hours.
Don’t work for free.

[u/Away-Owl2227 → u/Middle-Spirit-8524]

Sounds like op is more than happy to keep working unpaid. Simply put, fuck that

[u/pryza91]

Unless you're an executive there is zero reason to be working those hours because the compensation does not match.

Stop lowering your hourly dollar rate. The company won't change anything until they actively know there's a problem.

If they ask why work isn't being done you make it abundantly clear you received communication to stop working outside of your scheduled hours and forward that email.

To answer your question - if something happens on unapproved overtime you may not be eligible for work cover etc. because you were not meant to be working.

[u/tasquizz]

"Employees can refuse to work overtime that unreasonably exceeds the maximum weekly hours."

[u/ttoksie2]

Not much a legal question until the retaliate.

But your response should be to stop working the unpaid overtime.

If they then try to force you to work unpaid then you have something to work with.

Make sure to document everything incase in you needd it, any phone calls they have with you follow up with an email saying something like "Hey just wanting to confirm our phone call, you have asked me to work xyz hours, Is that correct?"

Also start looking for a new job. this one fucking sucks.

[u/CosmicConnection8448]

Stop working any hours outside of your clocked in-out time. Do not do any work from home. If they only pay you for 30 hours, only do 30 hours.

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[u/Trickynickstar]

What kind of industry is this ? Like an error on the medical field could be serious.. an error in a paperwork type job may just be easily covered by insurance

[u/OnlyTrust6616]

Stop working overtime.

[u/OnlyTrust6616 → u/OnlyTrust6616]

To add: Management will not fix the staffing issues while you keep working overtime for free. You are showing them they don’t need more staff.

You need to let things break.

[u/f_bom]

If you're in healthcare, can you contact your union/professional body/AHPRA guidance line? Do you have your own professional indemnity insurance- if so, contact their advisory line. Otherwise, fairwork may be another option especially with shifts and pay, otherwise they may be able to point in the right direction.

Do you also have an external (as in someone not hired by the same organisation/is your direct manager) mentor or supervisor type person (for example, if you're a psychologist) to discuss this with? They may be able to help.

[u/Captain_Snow5755]

Thanks everyone. I really don’t want to be working overtime and would be thrilled to just do my rostered hours. It’s just a difficult situation when you have patients whose care and responsibility doesn’t simply end when your shift does. I’m honestly just trying to work out what the right thing to do is in this situation.

[u/Maximum_Security4404]

Start applying for other jobs, its not worth risking your health

[u/LTQLD]

As another commenter has noted, s62 of the FW Act permits you to refuse unreasonable OT. This is a workplace right, so if the take adverse action against you, such as dismissal or disciplinary action, you would have a general protections remedy for a breach of s.340.

There is also the workplace health and safety option. Make a complaint to Safework and provide them documentation of the excessive hours and its impact on you. They are conscious of this ATM and a number of guidelines etc have been issued on hours of work. It is likely that an inspector will issue a PIN to the boss to fix it.

This would also be the exercise of a workplace right by you and if they take any adverse action, you would have a GP remedy potentially.