Can My Employer Force Me to Change Roles or My Job?
An employment relationship is governed by an employment agreement, whether in writing or verbally made. As a result, there are specific terms and conditions that are agreed upon regarding the nature of an employee’s role when the employment relationship begins. So what happens if an employer wants to change an employee’s job description?
Employers do have the right to make changes to employees’ duties and responsibilities in Ontario. This is typically dependent on the business needs of an employer. However, there are limits to these rights.
Generally, if an employer makes a change to an employment agreement, or a “unilateral amendment”, this requires fresh consideration. This is something of value or an additional benefit in exchange for the change. For example, if an employee requires an employee to move job locations, they may offer an increase in salary or a bonus.
An employer cannot make a fundamental change to an employee’s role without an employee’s consent. A fundamental change occurs when a key term of the employment relationship is altered. These typically include:
- Decreases in wages;
- Changes to work hours;
- Demotion in job function or title;
- Relocation
If the change is so fundamental that it is no longer consistent with the terms and conditions of the employment agreement and no additional consideration is paid, there may be a case of constructive dismissal, and the employee could bring a claim for damages including payment in lieu of notice.
What if my job duties were expanded on?
In cases where an employee’s job duties are fundamentally expanded on after an employment contract is made, the original contract may not be enforceable. Celestini v. Shoplogix Inc., highlights the change substratum doctrine as follows:
The changed substratum doctrine operates as a limit on when an employee’s common law entitlements will be restricted by the express terms of a historical written contract. Given that an employer-employee relationship may evolve in a fundamental way after the written contract was made, the doctrine recognizes the potential inappropriateness and unfairness of applying the contract’s termination provisions to circumstances that were not contemplated at the time of contracting.
As a result, if the nature of someone’s role has fundamentally expanded on, they may also qualify for constructive dismissal and may be entitled to notice.
In short, if you are asking to what extent can my employer force me to change roles or jobs, the answer depends on the extent of the change and if you have been offered additional benefits or value for this change. If you have questions about a fundamental change in your job, please contact Whitten & Lublin online or by phone at (416) 640-2667.
Author – Sophie Teversham