Reference no: EM133096501

Mr. Andrews had been employed by an automobile company for 17 years when he was offered a new position as part of the company's reorganization. Before the reorganization, Mr. Andrews was the Software Development Team Lead within the Information Technology (IT) department. In this role, Mr. Andrews had up to seven employees and three contractors reporting to him directly. The new position the employer offered Mr. Andrews was a role in the IT department as a Business Analyst. This position offered the same salary, benefit package, and reward programs as Mr. Andrews' previous position. However, Mr. Andrews would no longer have employees reporting to him and he would no longer be responsible for their performance reviews. The people who had formerly reported to Mr. Andrews would now be his equals. His individual office would be replaced with a cubicle. Mr. Andrews took the view that he had been demoted, as the Business Analyst position was essentially his former position but without the supervisory responsibilities. He declined to accept the new position, resigned and brought an action against his employer alleging constructive dismissal.

Questions

1. Briefly explain the legal principles and/or common law liabilities that are relevant to this case.

2. Discuss the strength and/or weakness of the employer's legal position or case in this dispute. Include legal principles discussed in class in your discussion.

3. Discuss the strength and/or weakness of the employee's legal position. Include legal principles discussed in class in your discussion.

4. What should the employer do differently to mitigate future risk?