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Jocelyn Was Notified of Her Pending Transfer to Calgary, Where

Question 26

Multiple Choice

Jocelyn was notified of her pending transfer to Calgary, where she would manage a satellite office. At 58 years old, she is comfortable residing in the small French-speaking community where she grew up. The chances of her being able to speak her first language in Calgary are slim. Assuming that Jocelyn's contract is silent regarding transfers, what will most likely be the result if Jocelyn refuses the transfer and sues?


A) The court will find there has been a breach by the employer, and the employer's insensitivity will add to the notice entitlement.
B) The court will find there has been a breach by the employer, as the unilateral change would trigger a constructive dismissal.
C) The court will find there has been a breach by Jocelyn because an employer is entitled to make changes to an employee's duties and role where necessary.
D) The court will find there has been a breach by Jocelyn because her refusal to accept the transfer would be seen as insubordination.

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