By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
Temporary assignments arise frequently in Ontario workplaces. Employers often ask employees to step into interim roles to cover resignations, restructurings, or maternity and parental leaves.
Legal risk emerges when an employer treats a temporary assignment as permanent, without the employee’s agreement. In Ontario, an employer who unilaterally converts a temporary role into a permanent one, may trigger a constructive dismissal claim—particularly when the change fundamentally alters the employment relationship.
How Temporary Assignments Commonly Arise
Employers typically create temporary assignments to address:
- A resignation or unexpected vacancy
- Interim coverage at the employer’s request
- Workplace restructuring
- Maternity, parental, or other leaves of absence
In each situation, both parties generally understand that the role has a defined or limited duration.
Temporary Consent Does Not Equal Permanent Consent
An employee who accepts a temporary assignment does not agree to a permanent role. Ontario employment law requires consent for permanent changes.
That consent can be express or implied. Where an assignment is clearly temporary, continuing to perform the role during that period does not amount to consent to a permanent change. However, once the temporary period ends, silence can be risky.
If you want to return to your original role, it is important to say so and to do it promptly.
When a Permanent Change Triggers Constructive Dismissal
A constructive dismissal occurs when an employer unilaterally imposes a substantial change to an essential term of an employment contract, without the employee’s consent.
Essential terms include:
- Job scope or core responsibilities
- Status, rank, or seniority
- Compensation or benefits
- Reporting relationships
- Career trajectory
Thus, where a role becoming permanent constitutes a substantial change to one of the essential terms of employment, the law will treat this as a constructive dismissal. When an employee is constructively dismissed, they are entitled to reasonable notice.
In these circumstances, the employee must treat the change as a repudiation of the contract and communicate that position clearly.
“Accept the Role or Resign”
Employers who issue ultimatums—“accept the permanent role or lose your job”—often strengthen a constructive dismissal claim.
This approach signals that the employer has abandoned the existing employment agreement and is attempting to impose new terms. Courts frequently treat such pressure as evidence of a constructive dismissal.
Why Timing Can Make or Break a Claim
Employees must object clearly and promptly, preferably in writing.
When an employee delays or remains silent, a court may treat that conduct as acceptance of the new role. Many constructive dismissal claims fail because employees wait too long to assert their rights.
Early, documented objection preserves legal remedies.
Conclusion
Employers cannot convert temporary assignments into permanent roles without employee consent. When an employer imposes permanence and the change materially alters the employment relationship, the employee may have a valid constructive dismissal claim.
Early Action Matters
If an employer pressures you to accept a permanent role you never agreed to—or if you are unsure whether a workplace change amounts to constructive dismissal—seek legal advice promptly.
Workplace Sage Legal focuses on constructive dismissal disputes. We help employees evaluate risk, protect their rights, and take informed action before those rights disappear. Book a consultation today.
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Learn more about employment law through the articles below:
- The Job I Didn’t Sign Up For: Constructive Dismissal and Changing Roles
- Constructive Dismissal in Ontario: What if your Employer Changes your Compensation without your Agreement?
- Who is entitled to Reasonable Notice, and how is it calculated?
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
