(Please be advised that this article is not legal advise, and may not be relied on as such.)
Today I want to talk about getting new assignments at work. I’m sure many of you have faced new assignments at work that you didn’t bargain for. What exactly are your rights in law?
Let’s assume that you signed an employment contract clearly stating that your job-duty is to do Task A. Now your boss walks in and demands you start doing Task B, which is completely unrelated to your old job Task A. Do you have to do it?
Let’s start from the easiest scenario. Your boss offers you a promotion for doing Task B. If you agree to the promotion and start doing Task B, then you have agreed to a new contract. No problem.
But what if Task B comes without change for your pay and benefits? What if it even comes with a demotion? Do you have to accept it?
According to the Ontario Court of Appeal in the recent case of Wronko v. Western Inventory Services Ltd. (2008) 90 O.R. (3d) 547, you actually have three options:
Option #1:
You can accept the change in order to keep your job. By accepting the change, you form a new contract with your employer in law, and cannot then change your mind later on and ask for remedies.
Option #2:
You can reject the change, quit the job, and sue for damages. In law, the employer breaches the old contract by requiring you to do Task B instead of Task A; you are therefore entitled to damages as a result of the breach.
Option #3:
You can reject the change, and still keep working for your employer. When you do so, your employer can terminate the (old) contract and offer to re-hire you on the new terms.
The employer, upon terminating the old contract, is obliged to give notice of termination. After the termination, if you agree to be rehired, then the new terms will be binding.
On the other hand, if your employer does not insist on imposing Task B on you, there is no new contract. Your duty remains unchanged, and the new terms are not binding.
One thing to keep in mind is that, when terminating an employee, the employer has a duty to treat the employee fairly and with dignity. If the employer’s conduct is humiliating or unreasonably harsh, the employee may be entitled to additional damages.
