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Post Info TOPIC: Role change due to restructuring
Anonymous

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Role change due to restructuring
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About 2-3 weeks ago i was informed by my company of a restructure within our division. We as a management team were informed that we will report to a new HOD from the start of the new coming month.  On Friday passed, i was informed by my current HOD that I will now report into one of my current fellow colleagues as a lead and no longer a manager; i was informed that i will have  a different team under me, still reporting into the new HOD.  Whilst during this very difficult time (Covid 19). I am very grateful to still have a job and income I was informed of this specific change late afternoon on friday and asked to provide feedback before a group meeting with our entire business unit that is supposed to take place on Tuesday morning (this specific meeting was already scheduled in advance) and I gather the new changes in structure are to be discussed in this forum.  My questions to please assist:  1. Is this fair? I am informed on friday and expected to provide feedback before the greater meeting to the entire division  2. My role changes completely due to this and am impacted not financially as I am told my salary remains the same but in essence"demoted" to a lower level role and now expected to report into my very own collegue What are my options I can pursue in a situation like this? I am feeling quite emotional and have been so distraught ever since and am not comfortable in just saying yes or to provide any feedback as I feel I was not consulted, just informed of the decisions already made and thus only given this weekend to process and think this through. The process seems highly unfair and I'm completely disgusted and sick to my stomach processing all the information after almost 9yrs with the company. Please help before i have any form of conversation or discussion with my line manager. As i am not comfortable with this. I would also like to understand why a proper recruitment process was not followed and why the one colleague is elevated over me. From a labour and employee relations perspective, I am not sure of my options? Please help.

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Labour Protect

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Good day, 

I must refer you to an attorney for legal advise as your matter is one that is far to complicated to attend to on an advise forum. 

Be that as it may remember that your company cannot unfairly demote you, usually an unfair demotion is a sudden and dramatic reduction in salary and sometimes title. If you were a CFO and then became the broom closet manager this will not stand. A company cannot unilaterally change your terms and conditions of employment, this means that if a fundamental aspect of your employment is changed then you can have a claim at the CCMA. 

Lateral changes to your employment contract can be done, this is usually an added job title or you receive an added job function. If you were a a truck driver and now your new title is a logistic management member your title changed but your job and salary is essentially still the same. If you are told that as a truck driver you must make sure to fill up the truck or have the truck taken to be serviced once a month then this is still reasonably acceptable. 

If the company has a section 189 retrenchment issue then this is something completely different, if you can seek the assistance of an attorney.

Kind regards 

LP 



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