Can work travel equal constructive dismissal? (Toughest HR Question)

Having to pay an employee extra for time spent travelling depends on circumstances
By Colin Gibson
|Canadian HR Reporter|Last Updated: 08/07/2015

Question: If travelling isn’t normally part of an employee’s job, is there risk of a constructive dismissal or an obligation for extra compensation if the employee is required to take multiple business trips over a short period of time?


Answer: Under common law, a constructive dismissal arises where an employer changes a fundamental term of employment without the consent of the employee. In such circumstances, the employee is entitled to take the position that the employer has repudiated the employment contract, and she may resign and seek wrongful dismissal damages.