‘There’s a price to pay for dictating changes in working conditions’: Senator Tony Dean discusses push by union to prevent hybrid work directive
A recent Federal Court decision has cast a spotlight on employer obligations when implementing return-to-office (RTO) policies, especially where unions and collective agreements are involved.
The decision, Public Service Alliance of Canada v. Attorney General of Canada, 2025 FC 1126, continues the saga around federal public service employee backlash against a 2024 Treasury Board amendment to its hybrid work directive.
The amendment increased the required in-office attendance for federal employees from two days per week to three, and the Public Service Alliance of Canada (PSAC) called it an “abuse of authority”, arguing that the change was made arbitrarily, without sufficient evidence, and in contravention of previously negotiated understandings.
Although the court refused PSAC’s request for broad document disclosure of the government’s files, it did acknowledge that allegations of abuse of authority could justify requests for additional disclosure under different circumstances.
According to Robert Russo, labour and employment law lecturer at the Allard School of Law, the case signals a shift in labour law in unionized environments where employers are now advised to have concrete reasons for RTO policies.
"Particularly in a unionized environment, you need to have a solid basis,” says Russo.
“In a situation like this... you have a...
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