Interview Summary

As time passes, more companies and employers have begun to request employees return to the office full-time.

For employees who have enjoyed the flexibility of a remote or hybrid work model, this has caused significant pushback. Varying surveys and polls suggest that a portion of employees may resign from their positions rather than accept this mandate.

Mackenzie Irwin, an Ontario employment lawyer and Senior Associate at Samfiru Tumarkin LLP, spoke with CBC News to discuss options available to employees who wish to continue their hybrid or remote work arrangements.

Interview Notes

• Employment contracts: Irwin noted that employees should carefully review the terms of their contracts to determine their rights. “If hybrid or remote work permissions are written into a contract, then that’s set in stone,” said Irwin.
• Changes made to your job: Irwin went on to explain that a major change imposed by an employer does not have to be accepted by employees. “A change in the remote work policy would count as a ‘constructive dismissal,’ Irwin said, “and would require the employer to pay severance.”
• Implied term of employment: “If it’s not written into the contract, it’s more complicated,” Irwin explained. “The longer employees have been working from home with no mention of coming back, the more embedded that policy becomes in the worker’s agreement.”
• Impact of the pandemic: Irwin cautioned employers who have permitted pandemic work policies to continue without...

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