HR Home Forums Community Office relocation notice and constructive dismissal – Ontario

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  • Conner Lantz
    Keymaster
    Post count: 4836

    My company is moving the office to a different location that is about 1 hour away from the original location. The company gave more than a year notice of the relocation to employees. What is the risk of employees claiming the constructive dismissal? Some employees signed the acknowledgement letter of the relocation. Some hadn’t.
    Thanks in advance.

    Conner Lantz
    Keymaster
    Post count: 4836

    That’s an excellent question. As is always the case with constructive dismissal, the answer to the question of whether a 1 hour relocation crosses the line is “it depends.” The first thing I’d ask is whether that’s the ONLY change. A relocation is more likely to constitute CD when it’s accompanied by other unfavourable changes to which employees didn’t agree. The more changes, the greater the risk. By the same token, a single change MAY BE enough if its impact on employees is significant and unfavourable enough. It’s hard to predict. The good news is that the acknowledgement should diminish your liability risks vis-a-vis the employees that actually signed it.
    Meantime, here’s an article that addresses the question and looks at cases where courts had to decide whether a relocation was CD. https://hrinsider.ca/hr-legal-briefing-is-requiring-an-employee-to-relocate-constructive-dismissal/   Hope this helps. Glenn

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