Patrick* works as a general worker and assistant supervisor when the chief supervisor isn’t around. He’s happy to take on the extra responsibilities, but his boss is refusing to pay him any more than he pays the other general workers who don’t have the responsibility of assistant supervisor. This doesn’t seem fair. Why should he have more work but the same pay? Scorpion discusses what the law says, and what he can do about his situation.

Scorpion Legal Protection’s advice

This is what is increasingly becoming known as a ‘ghost promotion’. Basically, this means that you are given new responsibilities and sometimes even a new title, but without additional pay. If your employer requests that you perform more duties than those that are in your employment contract or that you perform your duties as well as duties of an absent employee for a specified or unspecified amount of time, this qualifies as a breach of contract, as it amounts to unilateral changes to the employment contract (an unfair labour practice).

The first thing to establish is whether or not these new responsibilities are written into your employment contract. If Patrick agreed to sign a new or amended employment contract with these added responsibilities for the same pay, then there’s not much he can do. If he’s been performing these responsibilities without having signed any new employment contract because he wanted to show his boss he is an excellent employee, then he may also not be able to do much about it.

But if his employer changed the terms and conditions of his employment by giving him extra responsibilities for the same pay without ever discussing it with him, then this could be a case of unfair labour practice. Why? Because a contract of employment is an agreement between two people, and the one party to the agreement cannot change the terms of that agreement without the consent of the other party. To do so would place the party making the change (in this case, Patrick’s boss) in breach of contract.

What can Patrick do about it? Section 64(4) of the Labour relations Act (LRA) states that he can lodge a dispute with the CCMA or a bargaining council within 90 days, and the referring party (Patrick) may require the employer not to unilaterally implement the change to the terms and conditions of employment. If successful though, Patrick will go back to being a general worker, and being paid as one. It will not ‘force’ his employer to pay him more according to his position of assistant supervisor.

Tip:

• The best approach is to discuss the matter with your employer. If they don’t see value in promoting you or refuse to give you an increase according to the responsibilities you’ve gained, then you should assess whether or not this is the place you want to work.

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* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.