Restructured job without supervisory duties not constructive dismissal

Employee balked at new position on par with other employees who formerly reported to him
|Canadian Employment Law Today|Last Updated: 05/29/2013

A lateral move offered to an employee as part of a restructuring plan was not a constructive dismissal, the British Columbia Supreme Court has ruled.

Warren Meyers, 48, was the applications development team lead for Chevron Canada, having reached that position during his 16 years in the information technology (IT) department for the company. The position was a working supervisory role and he had up to five employees and three contractors reporting to him at various times. His own work accounted for most of his role, while the supervisor duties took up 20 to 30 per cent of his job.

In 2010, Chevron implemented a restructuring process to deal with the global financial crisis. IT services in Canada were centralized and all IT jobs were eliminated with new positions created. The new positions were offered to employees based on their pay scale groups. Each employee was asked to select five new positions and a committee would rank the top employees and offer them positions based on the ranking.