Direct Answer
An employer cannot unilaterally and materially change your terms and conditions of employment (including your job description) without your consent. Doing so may constitute an unfair labour practice or, if it makes employment intolerable, constructive dismissal — giving you CCMA rights.
What the Law Says
Your Legal Foundation
Labour Relations Act 66 of 1995
Section 186(2)(a)
“An unfair labour practice includes unfair conduct relating to demotion. An unexplained and material change in job duties may amount to a demotion.”
Common Law — Employment Contract
Ius variandi
“An employer has a limited right (ius variandi) to direct how work is performed within the scope of the contract. Fundamental changes to the employment relationship require consent.”
Common Questions
Frequently Asked Questions
Can my employer give me different duties without changing my salary?
Within the scope of your job description and contract, yes. Beyond it, they need your consent. A material change that effectively demotes you is an unfair labour practice.
What is the difference between changing duties and demotion?
Demotion includes a reduction in status, responsibilities, or pay. A change that results in less responsibility, lower status, or loss of benefits — even without formal title change — can be a demotion.
Can I be dismissed for refusing to accept new duties?
Only if the duties are within the reasonable scope of your contract. Refusing unlawful changes cannot form the basis of a fair dismissal.
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