A Telemarketing Manager was forced by her employer to change to a sales role. The employee’s wages changed dramatically to a commission basis rather than her hourly wage of $25. This change was unexpected for the employee and was outside the employment contract she had with the company outlining her job description as a telemarketing manager.

The employer felt the employee’s performance in the sales role was unsatisfactory and placed her in a less qualified telemarketing role than her previous manager position. The employee was told the role was temporary until a new employment contract could be written up, however that did not eventuate.

The employee’s change of roles severely affected her income and caused her hurt and humiliation..

The Employment Relations Authority (ERA) found that the employee had been disadvantaged in her employment due to the constant change of roles and the dismissal was unjustified.

The ERA found the employer liable to pay $15,922.39 owing in wages over the period when the employer cut the employee’s wages and expected her to be earning an income by way of commission. The employee also received $17,000 in lost wages after her dismissal. $5,000 was awarded in compensation for the hurt and humiliation experienced and $2,488 for legal costs.


Alan Knowsley

Employment Lawyer