Google gemini helped me realize that if you are considering a constructive dismissal claim you likely want to consider working under protest within 10-15 days from the announcement. See below for more details. But if you don’t want to forfeit you right to a constructive dismissal claim, you must notify the company that “you considers the unilateral relocation a fundamental breach of the employment contract amounting to constructive dismissal and that the employee reserves the right to initiate legal action for wrongful dismissal damages”. But don’t take my word (I’m not a lawyer), hire a lawyer and look into it yourself if are seriously considering this route. Make sure you make it to section 3.2 below.
Gemini Output:
3.1 The Doctrine of Condonation and the Critical Timeline
The doctrine of condonation remains the primary procedural hazard for the employee. To qualify for termination pay related to constructive dismissal, the employee must resign "soon after a change in employment conditions". Failure to act promptly is interpreted as acceptance of the new conditions, thereby forfeiting the claim.
As detailed in Section I.2, the Alberta Court of Appeal's ruling in Kosteckyj v. Paramount Resources requires the employee to act within a window of approximately ten to fifteen days to register an objection and make a determination regarding resignation. Missing this window is likely to be fatal to the claim.
3.2 Executing the Formal Objection: The "Work Under Protest" Strategy
Given the strict window for objection, employees often face a dilemma: quit prematurely and risk having no income, or stay and risk condonation. The strategy of "working under protest" offers a mechanism to preserve legal rights while minimizing the duty to mitigate damages (by remaining employed).
Legal Requirements for "Working Under Protest"
For this strategy to be legally effective in Canada, the protest must be documented rigorously. The employee must unequivocally notify the employer in writing that they do not consent to the change and that their continued presence in the workplace, even under the new conditions, is done specifically to mitigate potential losses and does not constitute acceptance or condonation of the breach.
Documentation should be explicit and formal, detailing that the employee considers the unilateral relocation a fundamental breach of the employment contract amounting to constructive dismissal and that the employee reserves the right to initiate legal action for wrongful dismissal damages. It is advisable to reissue this formal protest, potentially with every subsequent pay statement, to maintain a continuous, undeniable record of non-acceptance.