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Question Details: In re-evaluating my job description, my employer has imposed additional responsibilities on me. Can I negotiate a salary increase because of this? I also wish to amend my job title to recognise these new responsibilities, but our HR team says this may need to go through change management. Is this correct?
Filed under Employment Law | 3704 View(s)
Community Law Wellington & Hutt Valley
The answer to this largely depends on the extent of the changes and whether they could be described as substantially altering the role or not. Within reasonable limits, an employer does have a prerogative to amend an employee's job description from time to time to reflect changing resource requirements, without extra compensation. If these changes are going to substantially alter the role however, then the employer would usually need the employee's consent, unless your employment agreement states otherwise.
It is difficult to comment on exactly what your HR team means by ‘change management’. If they are referring to a situation where they would terminate your position and design a new one that you then needed to apply and compete for, this may be unlawful on their part since they were content with you prior to you raising the issue.
We suggest you formally raise the issue, in writing, with your manager so that you can receive their comment as to how they view the differences in your role and how they justify the lack of extra compensation for the changes. If this does not resolve it we suggest you get legal advice about the issue.
Answered 1 May 2013. The IMPORTANT NOTICE below is part of this answer.
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