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I am seeking a legal opinion on whether this constitutes Constructive Dismissal or Promissory Estoppel, and whether the "exclusive jurisdiction" of the union can be bypassed since this involves an individually negotiated retention contract that the union admits falls outside their scope.

In 2022, I received a formal job offer from an external employer. To retain me, the employer negotiated a permanent 4-day-per-week remote work arrangement. This was not a standard hybrid application; it was an employer-initiated retention measure. I have documented approval from my Director stating the schedule would "continue past the pilot" and an official document with an end date of December 31, 2050. I relied on this specific promise to my detriment by formally declining the external offer.

The emplyer is now unilaterally rescinding this arrangement, mandating a 4-day-per-week return to the office starting in 2026. In November 2024, I was asked to sign a letter labeled as an "extension" of this "temporary" arrangement. However, I received no new consideration (no raise, bonus, or benefit) in exchange for signing this letter, and I maintain that the 2022 agreement remains the governing contract of my employment.

Thank you for your inquiry. Unfortunately, if you are an employee who is unionized, we are unable to assist with your matter. You will have to speak with your union representative about any employment related issues.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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