Employment lawyer on CTV News talks changes made to an employee’s job

Interview Summary

Many companies and employers have had to implement adjustments as a result of the pandemic and an evolving workplace. At times this has led to an increase in an employee’s workload, lack of hours, etc. What can employees do if their position has changed fundamentally? Are employers permitted to make major changes?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CTV News Ottawa to answer these questions and more on employee rights.

Interview Notes

• Definition of constructive dismissal: A constructive dismissal occurs when an employer makes significant changes to the terms of an employee’s job. Employees cannot alternatively force major changes onto their employer.
• Common examples of constructive dismissal: Some of the most common changes made to an employee’s position could be an imposed temporary layoff, a demotion, etc. In a poisoned work environment, employees can also pursue constructive dismissal if their employer has not taken appropriate steps to investigate complaints of harassment.
• Options for employees: Employees do not have to accept the proposed change and can seek legal advice from an employment lawyer. Due to the constructive dismissal, employees in this situation would still be owed severance pay despite the resignation. Employers can provide reasonable notice of changes to employees, or implement terminology regarding changes in an employee’s employment contract.