Tips and tricks

Can you be forced to relocate for work?

Can you be forced to relocate for work?

There may be a written term in your contract of employment requiring you to move to another location on request. Where there is such a term, you need to be very cautious before refusing to move, because this could lead to your dismissal for breaching the contract (i.e. refusing to obey your employer’s lawful order).

Can my employer make me move to a different location?

, California Licensed Attorney, practicing employment law. An employer cannot literally force you to do anything. However, an employer can ask you to work at a different location. If you refuse, that employer can lawfully terminate you just for that, and that would not be considered a wrongful termination.

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How do I refuse a relocation?

Be honest and specific about your reasoning. For example, say you don’t want to move your children to a new state, or that you’ve been offered another opportunity close to home that’s a better fit for your needs. Conclude the conversation or letter by expressing your gratitude again.

What is a section 189 process?

Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. The LRA requires that consultation must take place when the employer contemplates retrenchment. …

What is it called when an employee refuses to work?

Insubordination in the workplace refers to an employee’s intentional refusal to obey an employer’s lawful and reasonable orders. Such a refusal would undermine a supervisor’s level of respect and ability to manage and, therefore, is often a reason for disciplinary action, up to and including termination.

Are you willing to relocate No?

A formal answer would be: “For the right opportunity I am definitely willing to relocate. I believe that this position and company is that opportunity.” If you have no issue with relocating for this position, it would be very beneficial to ask the interviewer questions as well.

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Can an employer dismiss an employee for refusing to relocate?

The court found that the employee’s refusal to accept the new terms, including the requirement to relocate, constituted just cause for dismissal. An employer has the right to decide the terms of employment of its employees.

What do employers need to know about employee relocations?

Employee relocations demand consideration of more than just employment law risks. When planning any relocation process affecting personnel, employers must recognise the importance of engaging in thought-out consultation with their employees and employee representatives.

What happens if an employee refuses to accept changes to procedure?

Where an employer follows the correct process, an employee’s refusal to accept changes can result in just cause for dismissal. If done incorrectly, changes made by an employer can lead to a finding of constructive dismissal, and significant liability for the employer.

Can you ask an employee to relocate to another office?

Being asked to relocate to a nearby office that does not require a home move, re-training, a reduction in earnings or additional expenses is likely to be considered ‘reasonable.’ Remember that every employee’s personal situation is unique and that as their employer, you have a duty of care.