Employee’s job duties being handed over to independent contractors

Contractors taking on more, employees getting less to do
By Stuart Rudner
|Canadian Employment Law Today|Last Updated: 11/08/2017

Question: If an employer hires independent contractors that eat away at the job duties of a regular employee to the point where the employee’s duties barely resemble his original job, can that be constructive dismissal?

Answer: Short answer: yes.

The key aspect is the latter part of this question. It doesn’t matter whether the duties are being transitioned to another employee or to a contractor, or whether they are being eliminated entirely. What matters is that an employee is losing a significant portion of her duties and responsibilities. This would, in all likelihood, amount to a substantial change to a fundamental term of her employment, which is the definition of constructive dismissal.