Mayor Olivia Chow pushes for a downtown Toronto office return: Can employers require it?

Why is mayor Olivia Chow advocating for more in-office days?

Mayor Olivia Chow is determined to increase office days in Toronto’s financial district.

In recent meetings with CEOs and executives of Canada’s leading banks, reported by the Toronto Star, Chow advocated for employees to return to in-person work four to five days a week to revitalize the city’s core.

While many employees continue to work remotely post-pandemic, the mayor’s initiative is aimed at boosting local businesses and injecting new energy into Toronto’s financial district, which has seen reduced foot traffic since the start of the COVID-19 pandemic.

In response, bank executives suggested that Mayor Chow should “set a good example” and “get all of [the City of Toronto] workers back in” to City Hall. As a result, city manager Paul Johnson sent a note to all city employees, asking them to come into the office “three to four days a week” and encouraging them to keep their video on during virtual meetings.

Can employers in Ontario force you back to the office?

With Mayor Chow’s push for a return to in-office work making headlines, many employees wonder if their employers can legally require them to return after working from home.

In Ontario, an employer can generally require you to return to the office if in-person work was an original term of your job. Employers typically hold the right to determine the location of your work.

However, if remote work has since become a standard part of your role, an employer might risk a constructive dismissal claim by enforcing an office return. This is particularly relevant for employees who transitioned to remote working during the pandemic and have maintained it since.

There are other exceptions. For instance, you may refuse a return-to-office mandate if your workplace is unsafe under the Ontario Health and Safety Act, if you require an accommodation for a disability or medical condition supported by a doctor’s note, or if you have specific childcare or caregiving obligations.

Before you refuse an RTO mandate, contact the Toronto employment lawyers at Samfiru Tumarkin LLP to find out what your legal rights are.

What happens if I was hired to work remotely?

If your position was defined as remote, your employer can’t make you work from an office or workplace without your agreement. Forcing you to do so may constitute constructive dismissal, allowing you to resign and claim severance.

Employers can propose a new employment contract that includes in-office work requirements, though you’re not obligated to accept it without fully understanding your rights.

Can employers terminate employees for refusing an RTO?

In Ontario, employers can fire non-unionized employees for refusing to work more days at the office as long as they provide a full severance package and the reason for dismissal is not discriminatory. This is called a termination without cause.

If you refuse to return to the office but your employment contract requires you to do so, your boss might be able to fire you for cause. This type of dismissal is reserved for the worst kinds of misconduct such as serious insubordination, theft or assault.

• Reprisal: Employers can’t discipline or terminate employees in a way that violates their protected rights. For example, if you refuse to return due to safety concerns, a medical need for accommodation, or caregiving responsibilities, any punishment or termination could be considered reprisal. Under Ontario law, reprisal against employees for asserting these rights is not allowed and could lead to legal consequences for your employer.

How is severance pay calculated?

Severance pay for non-unionized employees in Ontario can be up to 24 months of pay.

There are several factors considered in determining the amount of compensation you are entitled to, including:

• Age
• Length of service
• Compensation
• Position
• Ability to find new work

Our firm’s Severance Pay Calculator is a free and easy-to-use resource for Ontarians to help figure out how much you are owed. It has helped millions of Canadians determine their termination entitlements.

You should contact Samfiru Tumarkin LLP immediately if your employer has not provided you with the correct amount. Do not sign anything prior to speaking with our experienced Toronto severance pay lawyers. They can help you secure a proper severance package.