Constructive Dismisssal
Constructive Dismissal

Can an Employer alter the terms of employment without consequent?

The short answer is “no” and such an alteration without consideration given could be defined as a “constructive dismissal” of employment.

For example, let’s give the example of an employee who has been working in an inside office position for many years. The employer then directs the employee to now commence work outside for the same wage rate. 

In this case, it’s possible for the employee to take the position that the new change in work environment constitutes a constructive dismissal for which proper notice must be provided and/or compensation paid to you in lieu of notice. In this case, a wrongful dismissal claim could be brought against the employer.

However, if the employee continues working in the altered employment situation, then the courts have held that the employee has accepted the change in employment conditions. In that case, a wrongful dismissal claim 

If you are an employee facing negative alterations to your employment situation or else you are an employer wishing to alter your employee’s employment conditions, please immediately seek expert advice from us.

Please telephone us at (604) 876 - 7000.
 
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