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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22682
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If my job has been disestablished and they have offered me

Customer Question

If my job has been disestablished and they have offered me another job (which I don't have an option to refuse)and has been a major part of my previous job but they have reduced my salary by 30 %. Can they do this?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

You can choose not to accept the job, and they would then need to make a case for your role to be redundant on the basis that they cannot afford to keep you on. That is not always easy if this is just a restructuring. There has to be a genuine economic reason for redundancy, greater than just restructuring. So if you just refuse their contract, they would need to show they cannot afford to keep you on. Of course if they can prove this, then they can do so. But otherwise you can refuse to change and they cannot reduce your income or job scope without your consent. This would lead to a standoff possibly. But the reduced wage is a vote of no confidence, and if you can find a better job, you may be best moving on

Customer: replied 1 year ago.
What they have said is my position has been rescoped according to the J d.and the salary they are offering is according to what they have scoped it as according to some grading that a I don't have access to.. They have said no redundancy and they don't want me to leave because they need my skills and expertise and also recognise my previous job was too big hence dividing it to 2 positions equivalent of 1.7 ftes . They have given me full time as I refused part time following your previous advice and they have agreed to continue my current salary for 12 months then the 30% reduction. So is this reasonable I don't really know what to do . where I live doesn't give me many options for another like job.
Expert:  Chris The Lawyer replied 1 year ago.

You could refuse to have the salary reduction after 12 months, but perhaps agree to negotiate again after 12 months and see if they will accept that

Customer: replied 1 year ago.
Thank you I will ensure that is in my contract when I finally get it, along with my retirement gratuity which was in my previous contract tho' misplaced.
Expert:  Chris The Lawyer replied 1 year ago.

Yes, that will need to be added too.

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