In Ontario, every employer has the right to make changes to an employee’s duties and responsibilities, as a result of the business needs to be properly managed and adapt to changing market conditions.
When an employer unilaterally makes changes, they are usually expected to provide reasonable notice of the changes to the employee’s duties and responsibilities, especially when they may amount to substantial changes. Reasonable notice is assessed on the basis of various factors such as the employees rank, age, length of service with the company, etc.
However, where these changes are sizable, as to alter the original terms of the employment without the employee’s consent, it may amount to constructive dismissal if not properly implemented.
Change of Duties/Responsibilities & Constructive Dismissal
Sometimes a unilateral change in an employee’s circumstances may amount to a constructive dismissal. An employer is not able to significantly alter an employee’s duties and responsibilities so that it is no longer consistent with the terms and conditions that the employee agreed to.
Employers can make a reasonable reassignment of duties, as long as it is not significant enough to constitute a constructive dismissal.
Where an employee’s job description allows for flexibility with regard to duties and responsibility, it will be harder to show that the changes constituted constructive dismissal.
How can Zeilikman Law help?
If you have experienced a change in your duties/responsibilities and have questions or concerns related to that change and the possibility of constructive dismissal, contact one of our experienced lawyers today to discuss your options.
At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are, professional, friendly, and determined. We have the know-how to navigate through the psychology of any given dispute. Request a consultation today to learn more!
