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I have been employed with a resource company for just over a

Customer Question
year. They have decide to...
I have been employed with a resource company for just over a year. They have decide to relocate the office, which extends my public commute by another hour a day and adds a significant amount to my transit costs per month. They have offered a relocation package, however that is not an option for me right now. Nothing else is being offered....what is my rights in this situation?
JA: Have you documented this or discussed it with HR?
Customer: Yes
JA: Is the employment agreement "at will," union, full time or part time?
Customer: No Union and yes full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I already travel 1 hour and 20 mins per day and pay 2300 per year in transit costs. I'm ok with that but I don't think is fair that I'm asked to pay for the rest. But I'm not sure if I have any rights in this situation
Submitted: 1 year ago.Category: Canada Law
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Answered in 1 minute by:
11/3/2016
Lawyer: Debra, Lawyer replied 1 year ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,867
Experience: Lawyer
Verified

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 1 year ago

I am sorry to hear this.

What province are you in please?

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Lawyer: Debra, Lawyer replied 1 year ago

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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Customer reply replied 1 year ago
Ontario
Lawyer: Debra, Lawyer replied 1 year ago

The situation does sound like this may be a case of constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 1 year ago

Is there anything more I can help you with at this point in time?

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