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Hello, I am seeking guidance regarding recent workplace policy changes at my employer in Ontario.
I have been employed with a private career college since November 2021 in a student services and administration management role. My employment agreement states that after two years of service, I would be entitled to three weeks of vacation per year. I also have signed Payroll Change Notices from multiple years reflecting approved compensation and vacation entitlement increases, including my current three weeks of paid vacation.
This week, management issued an email stating that the previous employee handbook is now “void” and immediately replaced it with a new handbook/policy package that reduces paid sick days and changes vacation entitlement structures.
My concerns/questions are:
• Can an employer in Ontario unilaterally reduce or replace existing vacation entitlements that were previously reflected in signed employment documentation and Payroll Change Notices?
• Does the fact that my vacation entitlement is referenced both in my employment agreement and in signed compensation records strengthen my position compared to a general handbook policy?
• Would longstanding payroll records and historical practice also matter for long-term employees whose vacation entitlements increased over many years?
• If employees continue working while seeking clarification, does that automatically mean they accepted the new policies?
• Are these types of cumulative changes potentially relevant to constructive dismissal considerations under Ontario employment law?
In addition, over the past several months, there have been substantial changes to my role and responsibilities following an ownership transition, including:
removal of significant responsibilities and decision-making authority,
assumption of additional duties outside my original role without additional compensation,
requests to perform work connected to a separate retail business entity unrelated to my original higher education administrative role,
and multiple discussions with senior leadership regarding role alignment, boundaries, workload, and compensation.
I have organized documentation including my employment agreement, PCNs, handbook versions, policy emails, and relevant communications.
Thank you.
Your employer's actions may amount to the constructive dismissal of your employment. Please contact our office for a consultation to review the specifics of your matter.