How has the court interpreted the terms of an employee’s contract of employment and what is the effect of the changes in terms of their duties?
Ontario, Canada
The following excerpt is from Corey v. Dell Chemists (1975) Ltd., 2006 CanLII 19435 (ON SC):
Thus, in Cadenhead v. Unicorn Abrasives of Canada Ltd., [1984] O.J. No. 505 modest changes were made to the plaintiff’s duties. The court concluded, however, that the position he held as Ontario Regional Sales Manager was not abolished or altered nor was his salary reduced and his responsibilities remained unchanged throughout. The court endorsed the principle, in paragraph 31, that: “An employer must be allowed some reasonable leeway in which to alter his employees’ duties”. This was not a case in which the court found a unilateral and substantial change to the essential terms of an employee’s contract of employment.
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