Can an Employer Change a Job Description Any Time?

Understanding the relationship between an employer and an employee can be complex, especially regarding changes in job descriptions. While it is a misconception that employers can change job descriptions at any moment without consequence, it is important to explore the nuances and legal considerations that come with such changes.

Realities of Changing Job Descriptions

From a practical standpoint, job descriptions often do evolve over time. New systems, practices, and technologies can necessitate modifications to the roles and responsibilities. For example, an employee may inherit a new system that changes the way tasks are performed, potentially altering the job description. This evolution can be a sign of growth and development within the organization.

Strategic Use of Job Descriptions

In some cases, employers may intentionally change job descriptions as a strategic move. This practice can be particularly prevalent in academia. Consider the situation at the University of Western Sydney, where a Head-of-School altered the job description to accommodate a friend rather than the original employee when a contract was up for permanent conversion. Such decisions are not uncommon, especially given the discretionary power held by management.

Employer's Discretion and Legal Considerations

The power to change job descriptions lies primarily with the employer, unless the employee is a significant stakeholder, such as a board member or equity holder. An employer can amend a job description at their discretion, subject to certain legal constraints and ethical considerations.

Changes in business and market conditions can necessitate modifications. A temporary shift in market conditions, such as a downturn, can lead employers to reconsider their hiring and team development strategies. If a job description is changed within the first 60 days of employment, it might be due to these changing conditions. However, transparency is key in such situations. Both the employer and the employee should be communicative and clear about the reasons behind any changes.

Impact on Employment and Tenure

While job descriptions can be modified, it is critical to consider the implications for employment and tenure. Changes that result in a fundamental alteration of role expectations without adequate notice or compensation might be viewed as a substantial change in the terms of employment. Employees in certain roles, such as those with long-term contracts, may have legal protections against such changes without due process.

Employers who change job descriptions should ensure that they are not infringing upon employment law or agreements. It is advisable to consult legal experts to navigate these complexities and ensure compliance with relevant laws and contracts.

Conclusion

Job descriptions can change, but these changes need to be managed with care. Employers hold the power to make such adjustments, but they should do so in a transparent and ethical manner. Understanding the factors that influence these changes and the legal landscape surrounding employment can help ensure a positive and productive work environment.

Keywords: job description, employment law, employer's discretion