Relocation and constructive dismissal

How much is too much when asking an employee to move to another office?
By Brian Johnson
|Canadian HR Reporter|Last Updated: 09/23/2016

Question: When an employer is asking an employee to move to another office location, is there a risk of constructive dismissal? If so, what can the employer do to mitigate that risk in case a relocation is required?

Answer: There is risk of constructive dismissal anytime an employer imposes a substantial change to the essential terms and conditions of the contract of employment without the employee’s consent.

As a result, a required relocation may lead to a valid claim of constructive dismissal if found to be a fundamental breach. As with most things in employment law, this all depends on the circumstances of the particular case.