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We had an employee that worked with us for over 15 years. She is great and very loyal. However, her computer and skills are not really up to the bar with the company current requirement. She is over 55 years old right now. In the past several years we had been paying her salary to perform a job that we can get a junoir administrator to do. Do to recent company restructure to keep up with our competitors we require to hire one or two staff with strong knowledge of computer and social media. We would like to keep that senior employee but cannot pay her the current salary anymore but can only offer her a pay that suite the current position. We were wondering if you provide her with a notice of change in employment agreement (no employment contract was signed when she was hired) with 15 weeks notice. Would that be sufficient enough?
Making a significant reduction to an employee's salary likely constitutes a constructive dismissal. Therefore, you can only enforce such a change after providing the employee with proper notice. Given this employee's 15 years of service, 15 weeks' notice is insufficient. To determine the appropriate amount of notice period, we would need to know the employee's age, position, and chances of securing comparable alternative employment. Please contact our firm to discuss this matter and determine how we can assist you navigate this situation properly.