Employer reneging on signed Offer of Promotion
I trust this mail find you well.
I am not sure whether you would be able to assist, but I am urgently in need of advice.
In October last year I was offered a promotion. The (signed) agreement was that I would perform the duties of a more senior role for the period of one year, while remaining at my current job grade. At the end of that year, should I meet all objectives and receive a certain year-end review rating, my job grade would be adjusted to that of the more senior role. This promotion was effectively an advancement of two job grades.
I completed the year and received the required year-end rating, so the official promotion is due to come into effect. I have now been informed that the company will be reviewing the job grade structure some time next year. As a result, they have decided to downgrade the promotion. (Note, this downgrade is not due to my performance.) They have now asked me to sign a new offer contract, at the new, lower job grade.
This might not sound so bad, as I am still getting promoted, but the resultant difference between the two job grades is that, instead of the 40% salary increase, the revised offer equates to a 15% increase.
In my opinion, the above is unethical. My question, though, is is it legal?
Thanks in advance, and I look forward to hearing from you.
Kind regards
Category: Labour and Employment, Unfair Labour Practices
Region: South Africa, Western Cape
1 Answer
Dear Sam S, I am well and choose the same for you. You are unfortunately in a catch 22 position. ..if you sign this offer it becomes legal… if you do not you most probably will need to look for new employment and if you ask legitimate reasons for the downgrade of the position which you entitled to do you may jeopardise your current relationship further ….