The Demotion Notice is a critical employment document used in South African workplace contexts when an employer needs to formally notify an employee of a change to a lower position within the organization. This document must comply with South African labor legislation, particularly the Labour Relations Act 66 of 1995, which requires both substantive and procedural fairness in implementing demotions. The notice should be used when demotion is necessary due to operational requirements, performance issues, or as an alternative to dismissal. It must include specific details about the new position, salary adjustments, and other changed terms of employment. The document serves as official record of the demotion decision and process, protecting both employer and employee interests by ensuring transparency and legal compliance.
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1. Company Letterhead and Date: Official company letterhead with full company details and date of notice
2. Employee Details: Full name, employee number, current position, and department of the affected employee
3. Subject Line: Clear indication that this is a notice of demotion
4. Current Position Details: Description of current role, grade, and responsibilities
5. Reasons for Demotion: Clear explanation of the substantive reasons justifying the demotion, including specific examples or incidents where applicable
6. Consultation Process Reference: Summary of consultations held with the employee regarding the demotion
7. New Position Details: Detailed description of the new position, including title, grade, and responsibilities
8. Changes to Terms and Conditions: Specific changes to salary, benefits, and other employment terms
9. Effective Date: The date when the demotion takes effect
10. Right to Representation: Information about the employee's right to be represented by a union or workplace representative
11. Appeal Rights: Information about the employee's right to appeal the decision and the process to follow
12. Signature Blocks: Space for signatures of the authorized company representative and acknowledgment by the employee
1. Performance Improvement Plan: Include when the demotion is performance-related and there's a specific plan for improvement in the new role
2. Alternative Positions Considered: Include when multiple positions were considered before deciding on the specific demotion position
3. Training and Support: Include when specific training or support will be provided to help the employee adjust to the new role
4. Probationary Period: Include when the demotion includes a probationary period in the new position
5. Union Agreement Reference: Include when the demotion is being implemented under specific collective agreement provisions
1. Schedule A - New Job Description: Detailed description of the new position's duties and responsibilities
2. Schedule B - Revised Remuneration Structure: Detailed breakdown of the new salary structure and benefits
3. Schedule C - Performance Records: Relevant performance reviews or incident reports supporting the demotion decision
4. Schedule D - Consultation Meeting Minutes: Records of discussions and consultations held regarding the demotion
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