Allowing for changes in employee duties

How much leeway is necessary before constructive dismissal becomes a concern?
By Brian Johnston
|Canadian HR Reporter|Last Updated: 01/02/2018

Question: Can an employer avoid the risk of constructive dismissal or the need for fresh consideration if an employment agreement states the duties and nature of an employee’s position can change according to the employer’s needs?

Answer: The answer is yes, an employer can provide for changes in an employee’s position in the employment agreement. The challenge, of course, is accurately anticipating and stipulating the changes in advance so they are covered by the agreement.

Following the 2015 Supreme Court of Canada decision in Potter v. New Brunswick Legal Aid Services Commission, constructive dismissal most commonly results from a unilateral change by the employer that substantially alters an essential term of the contract.