CanadaOne Twitter CanadaOne Linkedin CanadaOne Facebook CanadaONe RSS

Ask The Expert

Can an employer legally change an employee's hours?

By Daniel Lublin |

Andrew asked:

I live in Ontario and have been employed as a 100 per cent commission sales person at the same company for 13 years. I have always booked my own appointments. Can my employer legally now book my appointments and there by set my hours?

Daniel Lublin answered:

Your employer is permitted to make changes to your employment provided they are not viewed as fundamental. A fundamental change is assessed based on the circumstances, the terms of your contract, both implied and written, policies and workplace practices. The test is an objective one, which means that your beliefs or feelings are irrelevant.

If your hours change, that may be viewed as a substantial change in your working conditions. If it is, you may be able to claim breach of contract damages for constructive dismissal. I would discuss this in more detail with a lawyer specialized in employment law before you act precipitously.

Click here to go back to Ask-an-Expert index page.

Canadian, Eh!

For over 15 years CanadaOne has helped Canadian businesses start-up and grow. All of the content on our site is created to help busineses get Canadian answers!

Featured Member

MemberZone. Get in the zone! Join Today!

CanadaOne Recommends

Bullies in the Boardroom: Covering the Legal Bases

Should I Start My Own Company?

Conversations with Entrepreneurs: Billy Blanks

Avoiding Legal Perils: Critical Insights into Canadian Franchise Law

Starting a Business: Choosing a Year-End