Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY.
by Carol-Ann Jordan and Jacqueline Belgrave
Dear HR,
I have been working at my job for five years. I am paid by the hour and make minimum wage. My wages are
supplemented by tips.
Recently, my boss moved me to work in an area where I cannot earn as much as I was earning before. This is because I do not interact with the customers as much and no longer benefit from their tips. But they have brought in a new staff member who is now earning more than I am because that person is working where I used to be. This is not fair. I have been working longer and they never had any issues with me that I know of. Can anything be done about this?
If by assigning you to another area your employer has not breached any terms or conditions of the contract of employment to which you agreed, then there is not much that you can do except either seek a meeting with or write to your employer, explain the situation from your perspective and try to persuade him/her to re-assign you to the position in which you worked previously.
This is because decisions regarding the roles to be performed in the company and where you are assigned are at management’s discretion.
By “management’s discretion” we mean that managers and supervisors have the freedom to make decisions (according to their level of authority) and to use personal judgment to solve problems as they deem appropriate.
It is this discretion that gives your employer the right to determine where human resources may be placed and what tasks are to be performed. There are no existing local laws or agreements on which you can rely to insist that you are placed back in the position which was more favourable to you.
Having acknowledged your employer’s right to exercise discretion, we also recognize his/her responsibility to ensure that what you are now being asked to do is consistent with the job you were originally contracted (employed) to perform
If your duties differ significantly from what you were initially employed to do, then that could give you a basis for requesting that you return to your previous position.
However, if you are performing the same duties only with reduced opportunity to interact with customers based on where you are stationed, then you have no basis for requesting that you be put back where you were.
You may be minded to say that you are now earning less than you were before and that this should not happen. While it may be true that you may indeed be earning less each week, you are an hourly paid worker and, as long as your hourly pay has not been reduced, you cannot legitimately say that your contractual terms have been changed.
The amount that you receive in tips cannot be relied upon or incorporated into your remuneration since the tips you receive from customers are at their discretion also. Customers can choose whether or not to give or leave you a tip.
As you have described it, this situation also illustrates how direct communication can assist in the more effective management of change in an organisation.
Despite your employer’s right to determine who is employed and where employees are assigned, dialogue initiated with you prior to your re-assignment would certainly have placed you in a better position to understand what the employer was (or is) trying to achieve.
In fact, dialogue would have provided the opportunity for you to voice your concerns or offer your suggestions regarding alternative approaches to the introduction of the changes, while also providing your employer with the opportunity to discuss with you any complaints which may have been received or any concerns (s)he may have about your performance.
Employers are encouraged to bear in mind that the exercise of discretion, or how it is perceived, can adversely impact their employees and the company.
In the light of this, they are advised to consider the possible adverse consequences of their decisions, in addition to focusing on what is permissible under the law.
As your question clearly demonstrates, an action which may be legally possible can, at the same time, render an outcome which could be deemed unfair in the opinions of others, particularly the employees, looking on.
Grievances such as this one you have shared are often difficult for employees to resolve on their own and, because of this, many employees choose not to pursue these matters formally.
However, when left unpursued and unaddressed, these issues remain latent sources of discontent which can undermine levels of productivity and may ultimately compromise the quality of the service the business offers.
About Lifeline Labour Solutions: Lifeline Labour Solutions is a boutique partnership providing people management solutions to workplace challenges Partners Carol-Ann Jordan and Jacqueline Belgrave are established practitioners with a wealth of knowledge and experience in Employment Relations, Labour Relations and Human Resource Management between them. Email: info@ lifelinelabour.
