Question
2. Pierre was employed as a chef for three years at a popular downtown Toronto restaurant. After the day-shift chef resigned, Pierre was moved from
2. Pierre was employed as a chef for three years at a popular downtown Toronto restaurant. After the day-shift chef resigned, Pierre was moved from the evening to the day shift on two weeks' notice. Around the same time, business became very slow (due to SARS) and his hours were reduced from an average of 70-75 hours bi-weekly to about 63.5 hours bi-weekly, with further reductions (up to 35 percent) anticipated over at least the next couple of weeks. Pierre stayed about a month with the reduced hours and then quit, alleging constructive dismissal based on a fundamental change in his hours of work. The employer countered that in the restaurant sector business fluctuates considerably and employees have to "roll with the punches" for a period of time. Moreover, Pierre was never promised a certain number of hours of work per week in his employment contract. Was Pierre constructively dismissed under section 56 of the ESA?
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