Does Your Employment Contract Address Schedule Changes?
The resolution to this inquiry hinges significantly on the presence of provisions in your contract addressing modifications to the work schedule. In the absence of such provisions, which is common in many contracts, employers typically have the prerogative to establish their employees’ work schedule according to the organizational needs. Nonetheless, a substantial alteration to an employee’s schedule, such as regular demands to work evenings and weekends with minimal notice, may constitute constructive dismissal. However, this assertion necessitates a thorough situational analysis, and in many cases, changes to the work schedule may not meet the threshold for being considered drastic enough to qualify as constructive dismissal.
What Happens If You Refuse Schedule Changes?
If you opt to reject the changes in the work schedule, your employer may choose to terminate your employment, leading to entitlement to a severance package. Refusal to accept the changes without termination, such as being placed on unpaid leave, allows you to declare yourself constructively dismissed, leading to involuntary resignation and the right to demand a severance package.
Determining whether constructive dismissal has occurred involves a thorough analysis considering the circumstances of the employee’s departure, employment, and the specific changes leading to constructive dismissal. The onus falls on the employee to demonstrate that constructive dismissal has taken place.
For employees facing last-minute shifts resulting in shifts under three hours, the Ontario Employment Standards Act stipulates that they must be compensated for a minimum of three hours of work. This provision applies to employees regularly working over three hours daily, and wages for the time not worked during the three-hour pay period are calculated based on the employee’s regular rate.
How Can Whitten & Lublin Assist You?
At Whitten & Lublin, we are pleased to offer insights and advice tailored to your specific circumstances. If you seek employment lawyers and desire more information about how Whitten & Lublin can assist you, please contact us online or by phone at (416) 640-2667 today.