When it comes to changing an employee’s position it pays to understand your obligations as an employer. Do you need their consent or not?
We were recently asked this question.
QUESTION | We would like to change the position of one employee. They currently work in a permanent part-time role and we would prefer they undertake a casual position in another department. The new position would be of *lesser status* than their current role. Is changing their role allowed?
ANSWER
When contemplating changing an employee’s position, you need to talk with your employee and ask if they would be open to this change. If they do not consent and you change their position to casual anyway, you may be liable for unfair dismissal or other adverse action.
If they do consent, you need to get a signed agreement outlining the change of employment and the new employment details. Following this, you will need to terminate the existing agreement (for the part-time role) and payout any owed entitlements. Then provide a new employment agreement for the casual role.
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