Employers can face constructive dismissal claims if remote work expectations aren’t properly managed
By Ronald S. Minken and Tanya (Tejpreet) Sambi
May 13, 2025
In decision from the Ontario Superior Court of Justice, employers have received an important reminder about the risks of altering remote work arrangements without clear agreements in place.
In Byrd v. Welcome Home Children’s Residence Inc., the court found that an employer’s attempt to force an employee back to in-person work after more than a year of remote work amounted to constructive dismissal.
Here’s what happened — and what employers can learn from it.
The employee had been working as a manager at a care home since 2018 without a written employment contract. In May 2020, her husband was posted to Europe with the Canadian Forces and she requested permission to work remotely. The employer allowed her to continue working remotely, but no formal agreement was created.
For over a year, the employee worked full-time from europe without issue. However, the employer later hired an on-site manager, reduced the employee’s hours to 15 per week, reassigned her responsibilities, and then gave her an ultimatum - return to in-person work in Canada or resign. In response, the employee sued for constructive dismissal.
The court agreed with the employee. It found that:
Remote work had become an accepted term. After a full year of uninterrupted remote work without complaint, remote work was...
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