Relocation Considerations

[Conner Lantz]

#81230

BC Employer, is considering relocating the factory which employs just over 100 employees when the lease expires. There are two potential sites, one about a 20 minute drive, one about 45 minutes away. What are the obligations of an employer to the employees? Would this type of a move be deemed a significant geographic relocation, thus changing the fundamental terms of employment and open us up to constructive dismissal?

[Conner Lantz]

#81229

KW: In doing some research on constructive dismissal and geographic relocation, I came across this Ontario case called Smith v. Viking Helicopter, in which an employer, in this case, an airline, was found NOT liable of constructive dismissal because it moved its business to a different location. Due to the nature of the industry, moving was a distinct possibility and there was nothing in the contract to prevent it, the court ruled. I wish I had found this case when I answered your original Q but I hope it’s not too late to be of assistance now. https://www.canlii.org/en/on/onca/doc/1989/1989canlii4368/1989canlii4368.html?autocompleteStr=Smith%20v.%20Vikin&autocompletePos=1 R
Glenn, glennd@bongarde.com

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