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ARTICLE · 05 MARCH 2026

Silence Isn't Golden: Employers Must Clearly Communicate Contractual Changes

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In Comeau v. Valcom Consulting Ltd., 2025 NBKB 253, the Court of King's Bench of New Brunswick held that an employer's attempt to unilaterally introduce new...

CanadaEmployment and HR

In Comeau v. Valcom Consulting Ltd., 2025 NBKB 253, the Court of King's Bench of New Brunswick held that an employer's attempt to unilaterally introduce new, more restrictive terms of employment in relation to a long-term employee who had worked under a series of fixed-term employment agreements constituted a constructive dismissal.

Although the employee's most recent fixed-term agreement had expired, the Court nevertheless awarded him damages based on a 10-month reasonable notice period. This decision serves as a critical reminder to employers to tread carefully when attempting to renegotiate or modify the terms of employment applicable to existing employees, including employees who have been engaged under successive fixed‑term contracts.

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