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Wrongful Dismissal
Randy Ai
February 10, 2025
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You were hired for a specific role, but what happens if your employer suddenly changes your job duties without warning? Can they legally do that? In Ontario, while employers do have some flexibility in modifying job descriptions, they cannot make significant changes that negatively affect an employee’s role without consequences.
• Minor changes to job duties are usually allowed as long as they don’t fundamentally alter your role.
• Employers cannot make significant changes without your consent unless the employment contract explicitly allows for it.
If your employer makes major changes to your job without your agreement, it may be considered constructive dismissal—meaning that you could resign and still be entitled to severance or wrongful dismissal compensation. Examples include:
• Significant reduction in pay or hours
• Major changes to job responsibilities (e.g., being demoted)
• Being transferred to a new location far from your original workplace
1. Review Your Employment Contract
• Look for clauses that allow changes to your role or responsibilities.
• If your contract does not allow major changes, your employer may be violating your rights.
2. Document Everything
• Keep records of all communications, emails, and job descriptions.
• Track changes in your job duties, hours, or pay.
3. Speak with Your Employer
• If the change is not acceptable, have a conversation with HR or management to express your concerns.
4. Seek Legal Advice
• If your employer refuses to reverse the changes, you may need to consult an employment lawyer to discuss whether you have a constructive dismissal claim.
Employers cannot make significant changes to your job without your agreement. If they do, you may have legal grounds for constructive dismissal. Understanding your contract, documenting changes, and seeking legal advice can help you protect your rights if your job duties are unfairly altered. Please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.
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