How Employers Can Make Fundamental Changes to Terms of Employment

How can an employer make fundamental changes to an employee’s employment? Sometimes an employer will need to make a fundamental change to the terms of an employee’s employment, this may include changing the number of hours that an employee works, the times during which an employee will work, the position that the employee will hold, or the amount of money that the employee may receive.

While the easiest way to change the terms of an employee’s employment is to get the employee to agree, not all employees will be willing to do so. In those cases, employers will need to ensure that they follow the law concerning unilateral fundamental changes.

Resignation Does Not Relieve Employer of Statutory Obligations - Supreme Court of Canada

If an employee provides notice of his intention to resign on a future date, can his employer legally terminate his employment (i.e. fire him) before that date and not pay him? In a case concerning Quebec labour laws, Quebec (Commission des normes du travail) v. Asphalte Desjardins inc., 2014 SCC 51 (CanLII), the Supreme Court of Canada has said “non”.

Ontario Court Says When it Comes to Severance Packages 'A Deal is a Deal'

Can an employer refuse to pay out a severance package after it offers it to an employee and the employee agrees to accept it? That was essentially the question that the Ontario Superior Court of Justice was asked to resolve in the case of Dennis v. Ontario Lottery and Gaming Corporation, 2014 ONSC 3882 (CanLII).

According to the Honourable Justice Brian P. O’Marra, a deal is a deal.

Summary Judgment - Appropriate In Most But Not All Employment Law Cases

Summary judgment remains an effective and appropriate means for the resolution of wrongful dismissal cases. However, as the recently decided case of Beatty v. Best Theratronics Ltd., 2014 ONSC 3376 (CanLII) demonstrates, not all aspects of such cases are amenable to summary disposition.

Answering the Question "Can my employer..."

“Can my employer…” those three little words are the most common start to any question asked of an employment lawyer by a worker. “Can we” is the most common start to questions asked of an employment lawyer by management. The purpose of this post is to address the issue of what employers can do and what am employee’s rights and response can be.