I earned a promotion, however the firm retains delaying the elevate as outlined in my contract

Excited by extra careers-related content material? Take a look at our new weekly Work Life publication. Despatched each Monday afternoon.

THE QUESTION

I used to be lately provided a promotion and a elevate at my present firm. It’s a promotion from senior affiliate to supervisor, which suggests I’ll now be accountable for a staff of three individuals. Nevertheless, I used to be advised that the elevate related to the promotion wouldn’t be put in place till two months later due to funds constraints. I reluctantly agreed, however now the 2 months have handed and so they stated they want one other two extra months for the elevate. It appears unfair to me that I’m being requested to do extra work with out getting compensated for it. It was in my new contract that the elevate can be put in place after two months, so are they legally obligated to present it to me?

THE FIRST ANSWER

Grace Levy, labour and employment lawyer, Pink Larkin, Halifax

Sure, your employer is obligated to honour the phrases of your new employment contract, together with the elevate after two months. Your new employment contract is a binding settlement and any failure to adjust to its phrases – both by the employer or the worker – can represent a breach.

In your case, the employer’s choice to not offer you the agreed-upon elevate, regardless of you fulfilling your new managerial obligations, may be seen as a breach. Nevertheless, I’d urge you to learn by everything of your new employment contract to see if there are any provisions which stipulate that your elevate is in any approach depending on the corporate’s funds.

If there isn’t a clause to that impact, I like to recommend citing the elevate problem internally (both along with your supervisor or HR staff) as quickly as fairly attainable. When you proceed working in your managerial position with out the elevate, it could possibly be interpreted as your acceptance of the employer’s place.

I’d current your supervisor/HR staff with a replica of your contract, highlighting the clause concerning the elevate, outlining your issues after which requesting a transparent timeline for when you’ll be able to count on the elevate. Sustaining an expert tone in all interactions might help facilitate a optimistic decision.

If this casual decision fails, chances are you’ll contemplate submitting a proper grievance with the corporate (if that’s an choice), once more documenting all interactions and responses obtained. If the difficulty stays unresolved, chances are you’ll contemplate looking for authorized recommendation to know your rights and probably take authorized motion for breach of contract.

THE SECOND ANSWER

Alia Besharat, affiliate, Ogletree Deakins Worldwide LLP, Toronto

In Ontario, typically talking, employers aren’t required to supply pay raises even within the case of promotions. That stated, when the phrases and situations are fleshed out in a contract or settlement, the worker could have recourse to implement the contractual phrases. Right here, the time period that the employer breached was that of a promised elevate following a promotion. Earlier than pursuing your choices, it’s strongly beneficial that you just first talk your issues straight along with your employer. Ideally, you’d need to put your issues in writing in order that, if vital, you’ll be able to depend on the communications down the road.

Ought to your employer not offer you the elevate as promised, there are a couple of avenues of authorized recourse you could take. One choice is for a court docket to order that the contract has been repudiated or void because of the employer’s breach of the contract. An alternative choice is to convey a declare for constructive dismissal as your employer has modified or altered a basic time period of the contract with out your consent. Each of those choices may be prolonged and expensive.

If you wish to request the court docket to search out the contract repudiated or void, and a court docket agrees, then your entitlements can be decided with out the contract and, as a substitute, beneath the frequent legislation and any associated statutes. A constructive dismissal may be seen as an oblique termination, which might set off termination pay. The worker might also be entitled to damages arising from the dangerous religion motion of the employer. Over all, you do have authorized recourse however it’s endorsed to first communicate along with your employer.

Have a query for our specialists? Ship an e-mail to NineToFive@globeandmail.com with ‘9 to 5’ within the topic line. Emails with out the proper topic line is probably not answered.