Can an employer legally change an employee's hours?
By Daniel Lublin | September 1, 2009
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.