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If an emoloyer abolished my post and creates a different one…

Hi If an emoloyer abolished my...
Hi
If an emoloyer abolished my post and creates a different one whuch also includes my job specs. What are my rights
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Customer reply replied 7 months ago
I am employed on fixed term contract 5years. The employer changed the organogram, and changed the specs of the post, and advertised a new position with added responsibilities. What are my rights and my options.
Answered in 17 minutes by:
12/13/2017
Christiaan K
Category: South Africa Law
Satisfied Customers: 224
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Even though your employer cannot simply change your job description unilaterally without consulting you, this is in effect a empty rule since the employer can, under the premise of operational requirements, change whatever needs to be changed.

Having said that, if you are employed under a fixed term agreement, such as your 5 year contract, you cannot be retrenched during such period for operational requirements. You can still be dismissed for contravening a workplace rule but not retrenched.

Very few employers know this so if you are eventually retrenched, you may be able to claim payment of your salary for the balance of the 5 year contract or reinstatement.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Christiaan K
Category: South Africa Law
Satisfied Customers: 224
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified
Christiaan K and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 7 months ago
I am under no obligation to apply for the new position. And the employer is obliged to honor my 5 year contract unless they can prove non performance on my part?

Correct legally yes but you might consider applying in any event. It might just create a longer future for you with the company.

Thanks for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally at: www.justanswer.com/law/expert-fwlombard1.

Regards

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Customer reply replied 7 months ago
Hopefully last question
If I do apply, and do not get the post ( which I already know I will not get), how does that affect my existing contract?

It should not affect you but then again, the employer will not necessarily follow the law. It will look good for you however if you do apply and does not get the job whereas it will make the employer look very bad.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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