We all aim to be promoted, but what do you do when you feel you have been demoted unfairly?

Your employer tells you that you are moving to a different position without providing you with a reason for the move. You deem this change in position to be a demotion, but how do you prove that you have been demoted unfairly?

According to Kay Barnard of MISA’s Legal Department, you have to prove that your responsibilities, remuneration, or status has been materially reduced.

In the event of that you are in a position to prove this, you may refer an unfair labour practice dispute to the DRC in terms of Section 186(2)(a) of the Labour Relations Act 66 of 1995 (LRA) within 90 days of the alleged demotion.

When demotion is not unfair
It is important to take note that there may be instances where a demotion is not unfair. These include when you are being demoted to avoid retrenchment (this needs to be done in line with the appropriate stipulations of Section 189 of the LRA), or you are being demoted as a disciplinary penalty imposed for a valid reason and in accordance with a fair procedure.

When you are faced with this scenario it is advisable to contact the MISA Legal Department to assist you. Remember, MISA is always just a phone call away!

The MISA Legal Department can be contacted on (011) 476 3920.

Article by Kay Barnard, MISA Legal Department.

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