Digest of Benefit Entitlement Principles - Chapter 6
CHAPTER 6
VOLUNTARILY LEAVING EMPLOYMENT
6.3.10 Significant Changes in Work Duties
A person is entitled to expect the employer to respect the terms of the employment contract or collective agreement and to not unilaterally make significant changes in his or her initial tasks and duties without consulting the person or providing appropriate compensation1.
A number of factors come into play in these circumstances, in particular the scope of the changes, the anticipated duration of the changes, whether the changes are imposed unilaterally by the employer or were agreed to by the union or the person himself or herself, and whether the changes had any effect on the person's pay. In other words, it must be determined whether the changes in the tasks and duties were unreasonable or unacceptable, led to abuse or unduly breached the terms and conditions negotiated at the time of hiring, or of the employment contract or collective agreement.
A person has just cause for leaving employment where the employer unilaterally makes significant changes in the duties set out in the employment contract or collective agreement that result in a substantial change in the nature of the work and the duties to be performed. This is especially true if the changes lead to a decrease in the pay the person would have received in the future. A reasonable alternative to leaving would be to take recourse, if any, through the union and use the provisions in the collective agreement.
Changes in or additions of duties or responsibilities that are not excessive or were agreed to by the employer and the union or the employee himself or herself do not constitute just cause if the person finds the new duties difficult or unpleasant or simply dislikes the new duties.
Unless the situation is improper or unreasonable, changes in the tasks and duties of an unspecialized person whose job is not covered by a collective agreement or employment contract stipulating explicit tasks do not constitute just cause for voluntarily leaving employment.
A significant change in the tasks and duties of a person who is returning to his or her substantive position after acting in another position or who failed to meet the requirements of a trial period also does not constitute just cause for voluntarily leaving.
It is uncertain in some instances whether a person in fact leaves voluntarily or whether it is actually a constructive dismissal when there are many indications that all the employer was trying to do was get rid of a particular person for one reason or another.
An employer can unilaterally and significantly increase the duties and responsibilities of a person without providing compensation, impose certain unreasonable requirements or performance standards or greatly reduce the person's decision-making authority, duties and responsibilities or even his or her pay, or assign the person to useless and demeaning tasks in order to humiliate the person. The day will eventually come when the person will have had enough and will leave the job. This may be considered a case of constructive dismissal without misconduct and the person may be considered to have just cause for voluntarily leaving.
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Summary
Significant Changes in Work Duties |
Reasonable Alternatives :
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