BC Supreme Court sides with remote worker after decade-long set-up suddenly ended
The Supreme Court of British Columbia recently dealt with a constructive dismissal dispute between a marketing professional and her employer of 18 years. The worker argued that unilateral changes to her working arrangements constituted a breach of her employment contract.
The worker claimed that flexible work hours and the ability to work from home had become fundamental terms of her employment contract over time. She also contended that her employer had effectively demoted her by treating her director-level position as a manager-level role when considering her salary.
After being directed to return to the office full-time on a fixed schedule and receiving only a minimal salary increase, the worker concluded she had been constructively dismissed and sought damages based on a notice period of 20 months.
The worker started with the real estate developer as a development manager in 2005. In 2012, she took maternity leave until April 2013. When she returned, she arranged flexible working hours to accommodate childcare needs for her twin daughters, one of whom had health issues.
During the COVID-19 pandemic in 2020, the worker began working from home. While most employees eventually returned to the office, she continued working remotely with company approval. In June 2021, the employer even approved her setting up a home office and purchasing...
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