As more employees nationwide are being required to return to the office full time, professionals suggest that a recent court ruling in British Columbia could have wider implications for remote work. This case highlights the importance of employers implementing return-to-office policies judiciously.
In mid-May, the B.C. Court of Appeal upheld a decision that found an employee of a Vancouver real estate development company was constructively dismissed. This occurred when the employer abruptly terminated the employee’s long-standing remote work arrangement and mandated a full-time return to the office.
The Supreme Court of Canada defines constructive dismissal as when an employer unilaterally alters significant terms in an employee’s contract without their agreement, leading the employee to resign.
The employee, Tracy Parolin, had a flexible work schedule with Cressey Construction Corporation since she returned from maternity leave in 2013 after having twins, one with health issues, as per the court document. Parolin had been working remotely since March 2020 due to the pandemic, supported by various supervisors who understood her childcare needs.
However, during a meeting in May 2023 to discuss a salary increase, a new supervisor revoked Parolin’s flexible work arrangement and instructed her to return to the office full time. Subsequently, Parolin resigned from her position.
Although Cressey argued that Parolin’s contract did not explicitly allow full-time remote work or work outside regular hours, the trial judge ruled in favor of Parolin. The judge determined that her flexible working arrangement had become a fundamental term of her employment, supported by the employer for years.
Furthermore, the judge concluded that the company’s unilateral change without notice was unjustified.
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CBC News attempted to contact Cressey Construction Corporation, now operating as Cressey Development Group, for comment but received no response.
In an interview, Parolin expressed that the court’s decision validated her concerns about the situation. She emphasized the importance of flexible work arrangements to balance work and personal life, noting that flexibility did not reduce her productivity but allowed her to excel in her career while supporting her family.
According to Allison Venditti, a Toronto-based HR expert and founder of Moms at Work, the return-to-office mandates have posed challenges for many parents, leading to increased commuting costs and childcare issues.
Venditti highlighted the rise in legal cases related to remote work as Canadians are gradually returning to the office, anticipating more disputes in the near future.
Ryan Berger, an employment lawyer in Vancouver, noted that Parolin’s case underscores the significance of remote work arrangements as essential terms of employment. Organizations must approach remote work decisions, including return-to-office directives, thoughtfully to avoid similar legal issues.
Berger emphasized that while employers can request full-time office returns, they must do so prudently to prevent unintended consequences. Sundeep Gokhale, a Toronto-based employment lawyer, echoed this sentiment, emphasizing the importance of clear communication and managing expectations, especially in temporary remote work situations.
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