Can an employer reorganize their workforce?
Ontario, Canada
The following excerpt is from Martin v. City of Windsor, 2011 ONSC 4669 (CanLII):
In support of its position that an employer has the right to reorganize the workforce, the City relied on the case of Jervis v. Raytheon Canada Limited (1990), 35 C.C.E.L. 73. In that case, the court found that it is an implied term in an employment contract that an employer can reorganize from time to time to remain competitive. In that case, there was a claim for constructive dismissal by a senior engineer who left his employment after 21 years of service. He claimed he had been demoted in 1985, but accepted a new position with the employer and continued his employment until 1988.
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