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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Can I reduce my drivers wage? He was red 7 months ago to

Customer Question

Can I reduce my drivers wage ? He was hired 7 months ago to drive a tractor for us. The tractor has broken down. We have decided it is not feasible to run tractor trailer we are a small company. We are now running a 26 ft truck wich only requires a D licence, not an AZ licence ?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Does he want this new position?

Customer: replied 4 months ago.
We have rented a small 26ft truck for now, he has been driving it for one month , we have not discussed wages with him yet. He is still getting the same wage an AZ driver would too drive a small class D truck. We had thought about purchasing another tractor however it is not in the budget at all. I am asking can I legally speak to him, and ask him if he would like to take a pay cut ? or am I obligated to keep him at the same wage ?
Expert:  Legal Ease replied 4 months ago.
This would be considered to be a constructive dismissal. So, if he were to quit because you are a essentially demoting him he could sue you for damages. The damages would be what he would be entitled to receive had you actually dismissed him without just cause.Because he's only been working for you for seven months he would not be entitled to more than one weeks pay.So you can dismiss him, you can offer this new position and see if he takes it and if he does you can hope that he doesn't consider this to be constructed dismissal or you can be upfront and consider dismissing him and rehiring him if you feel that that would make you have less tension with him.In any event, the most would owe him should he quit and claim constructive dismissal or should you just miss him would be one weeks pay.Does that answer your question? If not just post back to let me know what further clarification you need. I understand that there is law in this area is quite complex.

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