In this wrongful dismissal action we represented an employee who had refused to accept a proposed transfer in the employer’s business, which the employer characterized as a promotion.
The employer fired the employee for his refusal, taking the position he had quit.
We successfully argued that under our laws governing employment, an employer may not unilaterally change fundamental terms and conditions of an employee’s employment without either:
(a) establishing a contractual right to make such changes, or
(b) giving the employee reasonable notice of such changes, even if the proposed change is a promotion.
Wrongful dismissal damages were recovered in favour of our client.