Question and answer
Ask your question about terminations, dismissals and lay offs and an employment lawyer in Ontario, BC or Alberta will answer in minutes




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


I joined the organization 1.3 years ago as a manager without direct report at a Federally regulated organization. Throughout the year, the role has been impacted as not a lot of focus was on it. It was decided that eventually I would have a title change or transfer for another department. I received a positive performance review last year.

Yesterday, I was told that my role is no longer needed and they want me to switch to a role that is a lower grade than my existing role. The new role is 16% lower than my current salary. My employment letter has a Termination without Cause but no demotion clause. Is this considered a constructive dismissal or what legal grounds do I have? They say I have 2.5 days to accept the new role by Monday.

The pay reduction may represent a constructive dismissal, which may in turn trigger your entitlement to termination pay. We recommend you ask for an extension to the deadline for the new role and then contact us at the number below to discuss your situation and decide on the best course of action for you.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
Leave a comment