NEWS REFERENCE
According to a report by CTV News, published on July 3, 2026, the Conseil Scolaire Public du Nord-Est de l’Ontario has notified CUPE 4865 that it plans to eliminate five secondary school secretary positions by converting existing 12-month positions into 10-month positions, effective August 30, 2026. Two additional educational assistant positions may also be eliminated. CUPE 4865 President Mitch Gagnon stated: “Instead of investing in the frontline workers who support students every day, the board is reducing services and placing even more pressure on our schools.” The board represents 215 education workers under CUPE 4865.
The Conseil Scolaire Public du Nord-Est de l’Ontario is not framing this as a layoff — it is converting full-time, year-round positions into 10-month roles. On the surface that may sound like a minor scheduling adjustment. Legally, it is anything but.
Reducing a 12-month position to a 10-month position means two fewer months of income every year. For a school secretary or educational assistant, that is a significant and permanent reduction in annual earnings — imposed without the employee’s consent.
The Most Important Legal Point — Constructive Dismissal
This is the angle most affected workers will not hear about unless they get legal advice.
When an employer makes a significant unilateral change to a fundamental term of employment — such as reducing annual working months and income — that can constitute constructive dismissal under Ontario law.
Constructive dismissal means the employer has not technically fired you, but has changed your job so substantially that the law treats it as a termination. If that applies here, affected employees may be entitled to the same severance and notice they would receive if they had been let go outright.
The key question is whether the change is significant enough to constitute a fundamental breach of the employment relationship — and losing two months of annual income is a strong argument that it is.
Your Situation Depends on Your Collective Agreement
Most workers at this board are represented by CUPE 4865. If that includes you, your rights are governed primarily by your collective agreement — not just the ESA.
Your collective agreement likely contains specific provisions around:
- How and when the board can change your hours or working period
- What notice is required before implementing changes
- Grievance procedures if those rules are not followed
- Seniority protections that determine who is affected first
Contact your CUPE representative immediately. If the board has not followed the collective agreement process correctly, a grievance may be available — and that grievance could result in the changes being reversed or compensation being awarded.
What Non-Unionized Education Workers Should Know
If you are one of the few non-unionized employees affected, your rights come directly from the ESA and common law. A unilateral reduction in your working period and annual income without your consent may give you the right to treat yourself as constructively dismissed — and claim full severance accordingly.
Do not accept the change in silence. Accepting it without objection can be interpreted as consent, which weakens any future claim.
Steps to Take Right Now
1/ Contact your CUPE rep immediately — before August 30. Time matters in grievance processes and there are strict filing deadlines.
2/ Do not simply accept the change in writing without first understanding whether it constitutes a breach of your collective agreement or your employment terms.
3/ Document everything — the notice you received, the dates, and any communications from the board about the changes.
4/ Non-unionized workers — get independent legal advice before the changes take effect. Once you work under the new terms without objection, your options narrow.
The bottom line: Converting a 12-month position to a 10-month position is not a minor scheduling change — it is a permanent reduction in income that workers did not agree to. Whether through a union grievance or an independent legal claim, affected education workers have options. Know them before August 30.
