Compensation typically ranged from $5,000 (or less) to $80,000, with a few readers receiving significantly more. The respondent made a jurisdictional objection to that application on the basis that the applicant had not been dismissed. An employee who has been demoted may commence unfair dismissal proceedings against an employer alleging that the demotion involves a dismissal, and that the dismissal was harsh, unjust or unreasonable. How to Explain a Demotion to Prospective Employers . If this is the case, you may have a wrongful demotion case. Although your situation sounds unfair and hurtful, unless the reason for your mistreatment or demotion is discriminatory (due to your race, religion, gender, ethnic origin, disability, race) or retaliatory (due to engaging in a protected activity), there can be no claim for unlawful demotion. The contact may have certain stipulations as to your job duties and salary. A demotion can be an embarrassing and demoralizing event for some employees. Similar to termination laws, unfair work discipline demotion laws clarify that an employee cannot be demoted due to retaliation for exercising a legal right. It may also have express or implied protections that your position and salary will not change. Our survey showed that for readers who received monetary compensation (in an out-of-court settlement or a court award after a trial), the overall average was about $37,200. Hello. Risks associated with demotion. Whether your demotion was wrongful or not, when you apply for future jobs, you will need to be prepared to acknowledge the situation. Unfair dismissal. This payment is not one for measured damages or 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 Unfair Demotion will be Punished by CCMA lvan lsraelstam Employers fairly frequently demote employees. Fortunately, there is no need to use the word "demotion" on your resume or within a cover letter. That public shame can cause an employee to lose morale. The Range of Compensation in Wrongful Termination Cases. A compensation order is one that requires the employer to pay the employee an amount of money in recompense for unfair dismissal or an unfair labour practice. Use the following unfair dismissal sample letter email and modify it for your specific needs. Unfair Dismissal Letter Email to Employer To: [email protected] Subject: T ermination of [Name of Employee] Dear Name of Employer: This email raises a formal grievance concerning the termination of my employment on DATE. grievance/(residual) unfair labour practices - unfair and unilateral demotion of employee sufficient to render employment relationship intolerable - employee entitled either to refer dispute concerning unfair labour practice or accept employer’s repudiation and sue for compensation. The demotion resulted in a reduction of $4.05 per hour to the applicant’s base hourly rate of … Section 194 of the Labour Relations Act (LRA) allows arbitrators and judges to grant employees compensation for unfair dismissal where reinstatement is not appropriate. If the demoted employee was a supervisor, it might be difficult for them to join the people they once managed. Demotions are thus allowed provided it is done fairly, in consultation with the employee and for the right reasons. A demotion may be unjustified if you have a written or implied employment contract with your employer. The Labour Relations Act defines an unfair labour practice as any unfair conduct by an employer relating to the promotion, demotion, probation or training of an employee or any provision of benefits to an employee. The applicant made an application for unfair dismissal. May also have express or implied protections that your position and salary will not.! 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