Unfair Demotions

unfair demotions will get you punished at the CCMA

By lvan lsraelstam

Employers fairly frequently demote employees. This could be for any of many legitimate and illegitimate reasons including:

• The boss dislikes the employee
• The employee has broken a rule
  
• The employee’s work performance is unsatisfactory
  
• The boss wants to create a vacancy for somebody else
  
• Things have gone wrong and the boss needs a scapegoat
  
• The employer cannot afford to pay the employee’s salary
  
• The employee is not able to carry out his/her job due to illness or injury
  

Regardless of the reason for the demotion the employer is advised to hold a hearing before implementing a demotion for reasons of poor performance or misconduct. While the Labour Relations Act (LRA) does not specifically require a hearing in such cases it is important to hold a hearing because:

• The spirit of the LRA requires that it is unfair to punish an employee without giving him/her a chance to defend the case
  
• Failure to hold the hearing will make it difficult to prove, on record, that the employee was guilty and that the reason for the demotion was fair.
  

What constitutes a demotion is not always straightforward. In different circumstances alleged demotions can occur in numerous ways...

Read more about demotions

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Inspirational Quote of the week

“this weeks message is brought to you by Inspirational Speaker - Andrew Horton"

Stop allowing everything you are capable of accomplishing, to slip away one unused day at a time. Pause for a moment and remember that the clock of life is ticking away and every moment wasted is gone forever.

Embrace your next moment, your next day and every day that follows, strive to make each moment count for something meaningful and you will have discovered the path to living fulfilling and sustainable success.

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