Apple workers quit over return-to-office plans: Their rights in Canada

Recently Apple announced a return-to-work policy that will soon require employees to be in the office three days per week. This is generally referred to as a hybrid work option, with time split between home and the workplace.

The global tech giant has kept its staff largely working remotely since the start of the COVID-19 pandemic. With staff primarily working from the confines of their home, Apple has increased revenue substantially compared to its pre-pandemic haul.

Apple CEO Tim Cook has celebrated remote work as it drove demand for the company’s products, resulting in financial success.

Apple’s return to office plan

Apple plans to bring its staff back the office over three phases:

• April 11, 2022: Employees must report the office once a week.
• May 2, 2022: Staff must report to the workplace at least twice a week.
• May 23, 2022: Employees must commit to being in the office on Mondays, Tuesdays, and Thursdays.

By comparison, Apple’s policy exceeds the demands of other big tech companies like Meta, Amazon, and Google, some of whom are making remote work a permanent option.

• Meta: Meta is letting staff who do not engineer hardware to work remotely on a permanent basis.
• Amazon: Amazon is letting each division decide on the best policy, rather than apply a one-size-fits-all approach.
• Microsoft: Most people working for Microsoft can work remotely half of the time. If they want additional time to work from home, they must get approval from a manager.
• Google: Like Apple, Google is requiring staff to work from the office three days a week. Additional remote work is being approved on a case-by-case basis.

Workers threaten to quit

Some Apple employees are voicing their displeasure over the company’s decision to bring workers back in a hybrid model. There are reports that a number of staff are threatening to or have resigned in protest of the new arrangement. Frustrated staff are also criticizing Apple’s plan through social media and workplace forums on Slack.

Apple suggests that employees asking to continue working remotely are in the minority. The gradual return to the office is in a pilot phase

Can Apple force its employees to return to the office?

While employers are encouraged to be flexible, companies like Apple are legally allowed to require their workforce to return to the office. Specifically, if an employee always worked in person prior to the pandemic and their employer wishes to return things to the status quo, that employee will likely be required to return or be forced to resign.

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However, if you started working for a new employer during the pandemic, and it was never made clear to you that you would be required to work in an office, it could be a breach of a fundamental term of your employment contract, and you could claim a constructive dismissal.

What if I have childcare obligations or a medical condition that prevents me from returning to the office?

Your employer is obligated to accommodate you up to the point of undue hardship. For example, many individuals have children and are responsible for their drop off and pick up at school or daycare. If those duties take place during work hours, they must make best efforts to find alternative arrangements. However, if this is not an option, speak with your employer regarding an arrangement that works for you.

If a medical condition prevents you from commuting or attending an office, your employer must accommodate you. If they refuse to accommodate you, this may be considered a termination and give rise to Human Rights damages.

Do I get severance if I am fired?

When you are terminated from your job at Apple (or any company in Canada), your employer is obligated to give you severance, and in some situations that could be up to 24 months’ pay. There are a variety of factors that determine the amount of pay, including your age, length of service, position, and availability of similar employment in the marketplace.

It is important to speak with an employment lawyer or paralegal at Samfiru Tumarkin LLP to find out if you qualify for a severance package, and how much it should contain.