However, if your employer significantly changes your job without consent, it can create confusion, and cause stress or dissatisfaction.  

Thankfully, there are legal protections in place to help ensure that you’re treated fairly in such situations. If you find yourself in this position, it’s important to know your rights, and how to handle the situation effectively. 

1. Understand the Nature of the Change 

Before taking any action, it’s crucial to fully understand what has changed about your job. Ask yourself the following questions: 

1. Has your job description been altered to the extent that your primary responsibilities are now significantly different? 

2. Are you being asked to take on duties that fall outside your original contract? 

3. Is the change to your job role temporary or permanent? 

Employees should have a clear understanding of their job duties and what’s expected of them.  

If your employer is asking you to perform tasks that are substantially different from what you originally agreed to, this could potentially be a breach of your employment contract. 

2. Review Your Employment Contract 

Your employment contract is the key document that outlines the terms and conditions of your role, including your responsibilities, duties, and any provisions related to changes in your job. Most contracts include a clause that allows employers to make reasonable changes to your role, but these should be clearly communicated and agreed upon. 

Review your contract carefully to check if there is a specific clause that allows your employer to make changes to your duties. If the changes are not reasonable or clearly outlined in your contract, you may have grounds to raise an issue. 

3. Have a Conversation with Your Employer 

Once you’ve identified that your job has changed without consent, the first step is to speak with your employer.  

Schedule a meeting with your employer to discuss the changes to your role. Be calm, professional, and prepared to explain your concerns. It’s helpful to: 

1. Detail how your job has changed, and the impact it has on your work life. 

2. Explain how the changes may affect your job satisfaction, performance, or work-life balance. 

3. Seek clarification on the reasons behind the changes. 

It’s important to approach this conversation with an open mind, as there may be valid reasons for the changes that you may not have initially considered. 

4. Know Your Rights Under New Zealand Employment Law 

In New Zealand, there are strong protections for employees under the Employment Relations Act 2000.  

If your employer changes your job without your consent in a way that constitutes a fundamental breach of your employment agreement, you may have the right to take further action. 

Some key rights include: 

Unilateral Changes to Employment 

Employers cannot make significant changes to your role without first discussing the matter with you. If your employer unilaterally alters your position without your consent, you may be entitled to raise a personal grievance. 

Good Faith 

Good faith refers to being honest, communicative, respectful, and constructive in an employment relationship.  

Under the Employment Relations Act 2000, employers are required to act in good faith and engage in meaningful consultation with employees regarding any significant changes to their job roles. If this hasn’t occurred, you may have a case for a grievance. 

Personal Grievance 

If the changes are substantial and you feel your employer is in breach of your contract or employment rights, you may be entitled to file a personal grievance. You will need to lodge this grievance with your employer within 90 days of the change being made. 

5. Seek Mediation 

If a discussion with your employer doesn’t lead to a resolution, mediation may be the next step. 

Mediation is a neutral, informal process where both parties meet with a mediator to discuss the issue at hand. The goal is to reach a mutually acceptable resolution without going to court.  

Mediation is often successful in resolving disputes about job changes, as it allows both parties to express their views and negotiate a solution. Employment New Zealand offers free mediation services to help resolve disputes between employers and employees. 

6. Consider Alternative Dispute Resolution

If mediation is unsuccessful, or you feel that your employer is unwilling to address the issue, you may consider seeking further legal advice.  

Employment Relations Authority (ERA) 

If the issue cannot be resolved through mediation, you may take your case to the ERA, which will investigate and issue a binding decision. This is a more formal process and often requires representation.

Employment Court 

If the dispute involves serious legal issues or the ERA’s decision is not satisfactory, you may escalate the matter to the Employment Court. However, this step is usually reserved for more complex or high-stakes cases. 

7. Consider Your Options and Wellbeing 

While pursuing legal action is a last resort, it’s also important to think about your own wellbeing and career satisfaction.  

If the changes to your job have left you feeling overwhelmed or demotivated, it’s worth considering your long-term goals and whether the role is still aligned with your career aspirations. 

In some cases, the situation may be unresolvable, and it may be time to consider finding another position where you can pursue your professional goals without constant job insecurity. 

However, before making any drastic decisions, take the time to weigh the pros and cons and, if necessary, consult with an employment relations specialist. 

Conclusion 

If you feel that your employer has changed your job conditions without consent or consultation, you have several options to address the issue. 

Understanding your rights, reviewing your employment contract, and having an open discussion with your employer are essential first steps! 

If necessary, you can pursue formal mediation or legal action to resolve the matter. By staying informed and proactive, you can protect your rights while ensuring a fair and respectful working environment. 

Mahi Law can Help! 

Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required. 

We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs. 

Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 027 425 2231. 

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