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I began a new position as a promotion earlier this year, and they offered 10% more pay for taking an uneven schedule that is mostly after hours. I verbally agreed with a previous boss that I would accept the job as long as I could be guaranteed the 10% addition (considered a shift differential at the office). That manager has since left, and they are threatening to change my schedule and reduce my pay by exactly 10%. Is this considered constructive dismissal? I have hard enough time making ends meet with my current level of income, and I don't agree to such a significant pay decrease even if its considered a "shift differential" drop as they would make it out to be. If they do follow through, I won't have the income I need nor what I agreed to and would like to just take a package out and not feel like I'm underpaid for a situation I don't believe I agreed to when I accepted this promotion earlier this year.

Constructive dismissal is a complex area of employment law, and will always depend upon the specific factors at issue.

If there is a unilateral change to a fundamental term of your employment which you do not agree to, there may be grounds to claim a constructive dismissal. Reduction in pay can constitute a constructive dismissal. However, it is difficult to determine the exact amount of reduction that the courts will deem to be a dismissal.

We would need more information before advising whether you have a viable claim.

If you would like to schedule a consultation, you can contact us at the number below.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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