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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118793
Experience:  20+ Years of Employment Law Experience
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My evaluation was done and I received a 60% which is on the

Customer Question

My evaluation was done and I received a 60% mark which is on the lower end of satisfactory. Reccommendation was made for me to be appointed. I am now being told that I am not competent to continue in my current position and I am to be transferred to another post in the company. I am still in the same position. This is affecting me psychologically and I so not knoq what to do. How do I handle thia situation?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Legal Expert Justin replied 2 months ago.

Hello! My name is ***** ***** I'll be the Expert assisting you today. Do you know why you were given a 60% mark? Do you think your race, age, gender, or sexual orientation may have played a role in anyway?

Expert:  Legal Expert Justin replied 2 months ago.

I'm sorry, I just realized that you are in Jamaica. If this is not a U.S. legal issue, I will be unable to assist you. I will opt out so you can seek the advice of another expert.

Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
Are you a member of any type of trade union?
Do you have an employment contract?
Customer: replied 2 months ago.
No. I am not apart of a union. Yes i have a contract.
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

So does your contract state anything about this move, because that is your controlling document here?

Customer: replied 2 months ago.
No it does not.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
So, here is the issue under Jamaican law, your contract terms control and if your contract does not say they cannot move you then the employer has a right to determine where they need you to work. Now you have a right to file a complaint to your HR department regarding the move and also you have a right to put a written dispute of your evaluation as well.
When disputing the evaluation, you need need to stick to the facts pointing out how the evaluation is wrong. You have the right to dispute all of the allegations in the evaluation in writing and should take the opportunity to do that.
Unfortunately, the psychological trauma you are experiencing is something the Jamaican courts say is part of the workplace, so you need to exercise your rights in writing an objection to the evaluation and complaining to HR about the matter to seek to get them to change their mind about the transfer. However, the bot***** *****ne of the employment situation is that unless this move violates your contract, the employer has a legal right to move you to any position where they need you to work.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 2 months ago.
Thanks for your response. I already sent such to HR. Waiting on their response.
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

At this point, that is all you can legally do.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.