I’ll go over the 7 things you must do when consulting with employees about major workplace change. Find a lawyer near you. Transfer is “a lateral shift, causing movement of individuals from one position to another usually without involving any marked change in duties, responsibilities, skills needed or compensation”. If you have made a decision to transfer your business to a new location or are requiring employees to move locations, you will need to consult with your employees in accordance with any applicable award/enterprise agreement clause. Your IP: 64.91.227.253 Cloudflare Ray ID: 5ea28a1a6a8d2953 A department job transfer letter is a formal letter. Lawyer directory. Transfer letter to employee from one location to another Transferring letter can be written for various reasons: To develop skills, To face new challenges, To change the type of work, To work with new teammates, To work in the different branch of the company in a different location, or some personal reasons, like family illness, spouse’s posting, educational opportunity etc. If a person is an “ at will employee” and they refuse to transfer the employer may terminate the employee unless the employer stated that the position would not require the employee to relocate in a written contract. If an employee objects to being transferred, they may attempt to argue that: In relation to unfair dismissal, you may seek to rely upon the “genuine redundancy” exception to unfair dismissal. Transfer can be defined as “…the moving of an employee from one job to another.” It may involve a promotion, demotion or no change in job status other than moving from one job to another. A transfer letter is also a kind of business letter which is mostly used to let the employee know that he has been transferred from one location to another or from one department to another. • Obviously a good way to secure employee agreement to the change is to offer some kind of relocation package, such as a one-off compensation payment or a car allowance for a 6 month transition period, in order to mitigate the extra expense and inconvenience presented by the new work location. Sign in to view premium employment law content and resources, get access to your personal topics and qualified expert advise and support. One thing I’ve noticed quite a few subscribers asking about lately is what they need to be aware of when transferring employees to a new location. In order to prove a genuine redundancy, you will need to show that: In relation to redundancy, if the employee’s position no longer exists then the employee may be entitled to redundancy pay in accordance with an applicable agreement, the National Employment Standards, or a contract of employment. In case you are transferring for marriage, then the request letter for transfer to another location due to marriage should specify the reason as marriage. If you have made a decision to transfer your business to a new location or are requiring employees to move locations, you will need to consult with your employees in accordance with any applicable award/enterprise agreement clause. Can an employer transfer an employee to a different location without the employee's approval An employee lives close to place of work but the employer transferred employee without notice. Skip to main content. Create an account today to start subscribing to our premium employment-related resources. We will collect and handle your personal information in accordance with our Privacy Policy, to which you accept by signing up. For example, an employee may argue that the location of their employment is an essential term of their contract and a failure to abide by that term is a renunciation of the contract (i.e., a “repudiation” of the contract). • The employee’s position no longer exists. Performance & security by Cloudflare, Please complete the security check to access. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. When an employee is promoted or transferred to another location or branch of the company all the employees are informed about it. As discussed above, this mainly depends upon whether the location of the employee’s employment is an essential part of the employee’s position. It is true that transferring an employee is never an easy task for the HR department as they have to state a proper justification about he has been transferred. All Rights Reserved. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. If the location of the position is an essential term of the employment contract, then a change in location may render an employee redundant as their position no longer exists. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. You may need to download version 2.0 now from the Chrome Web Store. By signing up, you accept our Terms of Service & Privacy Policy. Transferring employees against their will can, in some contexts, result in a constructive dismissal by breaching a fundamental term of their contract. Their position is redundant and as a consequence they are entitled to redundancy pay. © Portner Press 2020. This will depend on the terms of an employee’s contract and, in particular, whether the location of the employee’s employment was an essential part of the employee’s position. If an employee refuses to transfer to another location does it give the employer means to terminate the employee? It was not reasonable to redeploy the employee to another position. Avvo has 97% of all lawyers in … Please enter your email address. Get the latest employment law updates from Employment Law Handbook, What you need to know about transferring employees to a new location, Conflict between JobKeeper rules highlighted in Qantas case, Court confirms broad reach of Superannuation Guarantee scheme to personal service contractors, They have been dismissed (i.e., constructively) and therefore dismissed unfairly; and/or. ... Download Transfer letter to employee from one location to another in PDF Format . Another way to prevent getting this page in the future is to use Privacy Pass. You will receive a link to create a new password via email. You have consulted with the employee in accordance with any applicable award/agreement. When might animals be present in the workplace? One thing I’ve noticed quite a few subscribers asking about lately is what they need to be aware of when transferring employees to a new location. This is partly to inform them of the promotion and partly to decide the alternatives of the employee or the work distribution that will be made after him in case no new employee takes his place.
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