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When part-time availability requirement changes from three days to five

By Howard Levitt |

Rachel asked:

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.

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