When part-time availability requirement changes from three days to five
By Howard Levitt | June 30, 2012
My employer has changed their part-time availability policy from five hours three days a week to five hours five days a week. I was given papers with the new policy on it to write my availability and to sign off on it. I was told if I didn't have the availability they require I would likely have to give my notice. Is this legal? I feel that I have been constructively dismissed. What can I do? I am in Calgary, Alberta.
Howard Levitt answered:
If you have been working a consistent three day week for any period of time, then the sudden requirement to work five days per week would indeed be a constructive dismissal. Whether it is worth pursuing, like in any constructive or wrongful dismissal action would be a function primarily of your remuneration, length of service, age and position.