The British Columbia Court of Appeal has ruled that an unwritten but long-accepted work-from-home arrangement can become an essential term of employment, so that a unilateral return-to-office order — without notice or agreement — can trigger constructive dismissal.
“The decision in Cressey Construction Corporation v. Parolin is getting a lot of attention because dealing with an employee who’s told to come back to the office is a critical issue for employers these days,” says Allison Buchanan, counsel at Dentons Canada LLP’s employment and labour group and who wasn’t involved in the case. “What can they do? What can’t they do? What leverage do they have?”
The key takeaways from the decision are that remote work can be a fundamental aspect of employment and that a legal right can be established even if it’s not in writing.
Tracy Parolin worked for Cressey for 18 years and was eventually promoted to director of marketing, a role she held until her employment ended in May 2023.
The terms of her employment were never put in writing. However, they included flexible hours since 2013 to accommodate her childcare obligations and a remote working arrangement as of 2020, prompted by health concerns for one of her children.
In 2021, Parolin sought to confirm whether she could continue to work from home. The company’s executive vice-president told her it didn’t matter where she worked, “as long as the job was getting done.” By 2023, Parolin was working full time from home.
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