Changing your schedule, even with the pay increase, may constitute constructive dismissal and you should consult legal counsel to understand your rights
THE QUESTION My schedule recently changed from day shifts to working nights three days a week. It comes with a bump in pay, but I’d rather just keep my day shifts at the old rate. My boss says that the day shift schedule I used to work is no longer available. Is this allowed? Do I have to accept the new schedule?An employer generally is entitled to fix their employees’ work hours to best fit the needs of their organization.
Where constructive dismissal arises, an employee is entitled to a notice of termination. Notice of termination is governed by either the Employment Standard Act or the Common Law depending on your contractual terms. If the ESA applies, you will be entitled to one week’s notice for every year worked for the employer. If the Common Law applies, you will be entitled to one month’s notice for every year worked for the employer.
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