Posted by: Anonymous | 2009/05/28

Unfair - labour Practice

I have been with my current company now for nearly 9 years.

Since I have been here I have move through the ranks to middle management position, reporting directly to the HR manager.

About three years ago, the person in another position was fired. He was a grade lower than me. My supervisor cam e to me and said to me my position became redundent. He hande me a letter with 3 options, redeploy to another unit in SA (Which there wasn' t), take a package (Retrenched) or I take over the person who was fired' s position. It was mentioned to me that I will retain my grade and status. And so it happened, I took over this other position, out of my field of expertise. Training to execute my duties wasn' t given and I pick up on the job content as I went along, I did a pretty good job of it and my performance assessments range from 68% to 75%.

End last year, my HR manager resigned, and a new HR manager took over.

Apparently he was the HR manager before I started working for the company.

Because my work involved a lot of issues in the community, some of the community members wet directly to my manager with issues. He called me in and said he don' t want to deal with these issues and I must deal with it and he don' t want issues like this coming over his table. I asked him how this can be prevented, because I can not deal with something that I don' t know off.

To cut a long story short, mid march he called me in and said I have buggered up the whole job and things are very diferent now than when he was previously here. He is going to remove me from my job with immediate effect.

Which he did, he transferred me to another department. I asked on a regular basis what is my new job name, etc, but with no avail.

Last week he called me and my " new"  manager (Same level as him) in and inform me that he is degrading me with 2 grades (2 lower than what I was) I told him I want time to think about it... because it means that I am going to loose al my previllages of the middle management position. So he said yes, it is fine, but in the light of my " poor"  performance in the previous job, this is the best he can do. I asked about my salary, he said , no it will stay the same. I will only loose my management incentive scheme bonus and it will be replaced by a standard 13th cheque. I said, give me some time.

This week him and I had another discussion, and he said, they are going to divide my salary by 13, take the 12 as my annual salary, and the 13th will be my bonus, meaning I will loose about R2500 per month in cash flow. This will also influance my pesion and all other related items.

I did not comment and left, very unhappy, but still no conclusion to this.

My point is that this is unfair labour practice.
1. No poor work performance process was followed
2. If I did a bad job in my job, and did not received any training... what then
3. my performance assessment s are fine
4. No warning or any other disciplanary process against me.

I don' t know what is going on now for nearly 3 months. I do recaived my current salary monthly.

What stand me to do???

Thank you

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Our expert says:
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This sounds like you have been unfairly demoted. This should go to the CCMA as soon as possible.

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Our users say:
Posted by: Anonymous | 2009/05/28

ccma. when the comapny just changes the terms and conditions of your employment without your agreement and without properly consulting, this amounts to unfair labour practice: unilateral change to conditions of employment. Nail the buggers, they are being very unfair. Good luck.

Reply to Anonymous

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