As more workers across the country find themselves forced back into the office full time, experts say a recent court decision in British Columbia could have broader implications for remote work — and shows why employers need to implement return-to-office mandates with care.
In mid-May, the B.C. Court of Appeal upheld a decision finding that an employee of a Vancouver-based real estate development company was constructively dismissed when they abruptly ended her longstanding remote work arrangement and directed her to return to the office full time.
The Supreme Court of Canada defines constructive dismissal as when an employer unilaterally makes substantial changes to the essential terms of an employee’s contract that the employee does not agree to and leaves their job.
The plaintiff, Tracy Parolin, had had a flexible work schedule with her employer, Cressey Construction Corporation, since returning from maternity leave in 2013 after giving birth to twins, one of whom had a significant health issue, the appeal court decision says.
In March 2020, Parolin started working remotely along with the rest of Cressey employees due to the COVID-19 pandemic. When other employees returned to the office, she continued to work from home with the approval of successive supervisors who understood her childcare needs, the decision says.
But at a meeting to discuss a salary increase in May 2023, a new supervisor revoked her flexible work arrangement and directed her to return to the office...
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