Can Suncor Energy force me to move from Toronto to Calgary?

Suncor Energy Inc. is moving its Petro-Canada head office from two locations in Ontario (specifically Mississauga and Oakville, near Toronto) to Calgary in 2021. This move will affect approximately 700 employees.

A spokesperson for the company says that the change is an attempt by the company to remain competitive during the COVID-19 pandemic.

The goal is for Suncor to integrate various operations, including Petro-Canada refineries and Petro-Pass.

While many workers will be transferred to Calgary, some will remain in Ontario. Employees may choose not to make the requested move.

I am a Petro-Canada employee in Toronto. Can I be forced to relocate to Calgary?

No. Suncor Energy (Petro-Canada’s parent company) can’t force an employee to move from Toronto, or any other Ontario location, to Calgary.

If the employer does force the transfer from Ontario to Alberta without the employee’s consent, the employee can treat the change as a constructive dismissal. This type of dismissal occurs when a worker’s terms of employment are changed significantly, without their consent. Requesting an individual to work at a new location thousands of kilometres away is quite significant. The employee can choose resign from their job at Suncor Energy with severance pay.

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If a Petro-Canada employee is fired for refusing to make the move, they can pursue full severance pay through a wrongful dismissal claim. Severance pay in Ontario is based on numerous factors, including age, position and years of service. A worker’s full severance package could amount to 24 months’ pay.

Suncor may be able to force a transfer if there is an established practice of doing so at the company. An employee’s individual employment contract may also give the employer the ability to relocate staff.

Talk to an employment lawyer

Petro-Canada employees in Ontario, British Columbia or Alberta should contact our team before accepting a transfer. Samfiru Tumarkin LLP can review your situation and determine what your rights are.

We are Canada’s leading employment law firm – the only one in the country with a combined 1,000 positive Google reviews. Get the advice you need, the compensation you deserve.