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Post Info TOPIC: Deviation by Employer from contractual agreement
Anonymous

Date:
Deviation by Employer from contractual agreement
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Good evening. Please could you give me some advice on the following situation. I started a new job on 3rd May 2021 with a private company- I was working for an NGO at the time. During the interview process I was asked which District did I want to work in. I made my choice clear and also informed them that I am not willing to relocate when asked. When the draft contract was sent there was an additional District added. I called the Operations Manager and we discussed it. He advised at that stage that the Districts were paired so I would be supporting the district I chose and the 2nd one it is paired with. After our discussion I accepted and signed the contract and handed in my notice at my that time employer. After the induction and orientation process we started our work in the designated Districts. Last week during introductions it was discovered that there is actually no programme in my chosen District ( the District that is also stipulated on my contract) apart from a satellite operation that o would support. I was then told by my line manager that I would be reallocated to another District in order for all coordinators to have a fair amount of mentees under their supervision. I informed them at this stage that I could not accept the reallocation as the new proposed Districts are very far from where I am( a 3-4 hour drive according to GPS). I also told her that there is no mention of the possibility of reallocation or the proposed Districts in my contract. I subsequently received an email confirming my reallocation to the "new" District. I responded to the email and informed the manager again that I am unable to accept the placement in that District and that I would have to consider withdrawing from the company as that District added was not part of our contractual agreement. Given the last day for 24hour notice was the next day and with no resolution in place I have resigned from the company as I cannot agree to working in that District. My question is is the company allowed to alter the Districts that I was to work in despite having a contact in place with stipulated Districts? What recourse do I have now as I have resigned already. My sore point is that I left my other job and accepted the terms of the contract including the Districts I would be working in. And now after signing with them that has changed. Please advise. Thanks

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LABOUR PROTECT

Date:
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Good day,

 

any change to the terms and conditions of a contract without the consent of the other party is considered a unilateral change to the terms and conditions of the contract.

 

I would advise that you approach the CCMA.

 

LP



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