Date published: 12-12-2024

Workplace redeployment often attracts a negative stigma despite its ability to reinvigorate and reduce costs related to any employers’ staff complement. It is an option available to both the employer and the employee where the inability to meet a particular role is identified. The reasons for this are plentiful but generally range within any modifications or added responsibilities to the job profile.

The consequences related to diminished responsibility are invariably correlated to remuneration of the particular employee. Wages are directly linked to the duties executed.  Less responsibility naturally connotes decreased remuneration. Anything to the contrary sets a very dangerous precedent for an employer.

Where an employee is considered not to be performing to expectation, then they must be assisted through a structured performance improvement plan which addresses the issues raised by either the employer or the employee. Should this intervention not produce the desired outcome the process of demotion may have to substituted for redeployment. In this second mentioned consideration the provisions of section 26 of the Employment Act then become applicable. This section of the legislation reads:

26.         (1)           Where the terms of employment specified in the copy of the form in the Second Schedule given to the employee under section 22 are changed, the employer shall notify the employee in writing specifying the changes which are being made and subject to the following subsections, the changed terms set out in the notification shall be deemed to be effective and to be part of the terms of service of that employee.

(2)           Where, in the employee’s opinion, the changes notified to him under subsection (1) would result in less favourable terms and conditions of employment than those previously enjoyed by him, the employee may, within fourteen days of such notification, request his employer, in writing, (sending a copy of the request to the Labour Commissioner), to submit to the Labour Commissioner a copy of the form given to him, under Section 22, together with the notification provided under subsection (1) and the employer shall comply with the request within three days of it being received by him.

(3)           On receipt of the copy of the documents sent to him under subsection (2), the Labour Commissioner shall examine the changes in the terms of employment contained in the notification. Where, in his opinion, the changes would result in less favourable terms and conditions of employment than those enjoyed by the employee in question prior to the changes set out in the notification, the Labour Commissioner shall, within fourteen days of the receipt of the notification, inform the employer in writing of this opinion and the notification given to the employee under subsection (1) shall be void and of no effect.

(4)           Any person dissatisfied with any decision made by the Labour Commissioner under subsection (3) may apply in writing for a review to the Labour Commissioner, who using the powers accorded to him under Part II, shall endeavour to settle the matter. Where he is unable to do so within fourteen days of the receipt of the application being made to him he shall refer the matter to the Industrial Court which may make an order

In the event that an employee is unwilling to accept a demotion then a separation package may need to be considered. This is arguably the least preferred progression of events however the sustainability of the employer must always remain paramount.

Should you require further elucidation on the subject you may contact the writer.