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I have worked for my employer for 12 years and I am currently on Maternity leave. Before my leave I accepted a contract position as a human resources manager. In my contract it was mentioned that at the end of the contract I would go back to my Administration role or another comparable role. Now, the company is not offering me an administrator or comparable role but offering me an Assistant Manager role which is significantly different in terms of hours of work, job responsibilites and environment compare to the administration role. The other option they are giving me is to take a termination package where they will pay me 6 months severance pay and benefits for the same duration. My contract indicated 3 weeks per year of service in the termination clause.

Your employer has an obligation to do its best to return you to your previous position or a comparable position upon your return from maternity leave. If they do not do so, you may be entitled to human rights code damages. Additionally, a severance package of 6 months is not sufficient given your 12 years of service and the fact that you are just returning from maternity leave. Please contact our firm so that we can guide you through this process and ensure your rights are respected.
The Lawyers at Samfiru Tumarkin LLP
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