[Question] Position relocation

[oaktree]

Hi all

I need some advise please.

Management made an operational decision to move my position to a different province. The facts are as listed below:

• During 2014 sometime I made a comment that I am not open to relocate.
• The decision to move my position was made recently and the company wants to negotiate a notice period.
• The communication to staff and the public is that I resigned.

My gut feel is that there is a legal issue here - is it worth spending the money to meet with a labour expert or am I wasting my time?

Thanks!!

[Dave A]

My gut feel is that there is a legal issue here

Gut feel may be the start of many a legal battle, but evidence remains the ammunition that really matters.

[wynn]

Get a letter of appointment to the position in the new province before you resign or you may be left hanging.

[Hannes Botha]

Sounds to me like they want you out. Not sure of all the legal jargon these days...but if a company goes section 29 (or something, this might be way wrong, I'm trying to recall 11 years ago) it means they are looking at retrenchments. This means they can offer you another position, and if you don't accept, they don't need to give you a package, and if you resign, they can appoint someone in the same position again. Bureaucratic mumbo jumbo...

I remember years back a company I worked for did this. As a solution to not retrenching they suggested to the union that everybody takes a wage-cut to save costs, the union accepted and we all had to accept the wage-cut...

My gut says, it is at least worth the time to sit with a labour specialist...also, review your original appointment letter. Any mention of relocation?

[sterne.law@gmail.com]

There are 2 separate possibilities
First Oscar a retrenchment due to operational requirements and the second is changes to work conditions and terms, which may, to a certain extent related to operational requirements
Regarding refusing an offer, the offer must be reasonable, failing which the refusal does not exclude you from severance pay but the retrenchment may still be valid.
An offer of resignation indicates that the retrenchment was a fait complete and any consquotations would seemingly not be in good faith.
To return to the beginning, if operational requirements an restructuring is occurring there must be consultations with all effected people.
A change to terms and conditions aalso requires consultation.