I have an employee that is asking to be temporarily relocated from Ontario to AB. They are still in probation. Am I able to present them with a condition that they either return within the agreed upon duration to Ontario (as we need them there) or we will consider it a resignation of employment? Or will I still need to pay them termination pay they decide not to go back within the agreed upon timeframe?
If the employee is still on probation and you are not able to entertain the relocation, you can terminate for any reasonable reason without severance. If you allow this “temporary relocation” with a time limit, and it is not honored, you would have just cause for the termination as it would be a frustration of the amended employment contract. It is, however, critical that this amendment is documented and signed by both parties.