Back to the office mandate for federal employees: Alex Lucifero on CTV News

Interview Summary

The federal government has announced that by September 2024, it expects employees back in the office at least 3 days a week. While there are some exceptions to this mandate, such as for employees who worked remotely before the pandemic, for most there do not seem to be alternatives. Union representatives have voiced their disapproval of these mandates and vowed to challenge them.

Alex Lucifero, an Ontario employment lawyer and Partner at Samfiru Tumarkin LLP joined CTV News Ottawa to discuss the rights of employees and employer expectations.

Interview Notes

• Options for union and non-unionized employees: Lucifero explained the difference between union and non-unionized employees regarding this type of mandate. “For a union employee, there is one set of rules you have to go by. For non-unionized employees, which are a large part of the population in Ottawa, the analysis is somewhat different.” Lucifero reiterated that union members should look to their representatives for their next steps and that the government might have overstepped by not consulting the union.
• Non-unionized employee rights: “There is no collective body,” Lucifero stated regarding non-unionized employees. “What matters in a non-union context is whether remote work is a permanent term of your employment or a temporary term.” Some terms can become permanent or implied and changing these terms can result in constructive dismissal.
• Advocating for your rights: Employees who have been recalled to work, who are not part of a union, should know what their rights are. “You should speak to an employment lawyer to see what options you have, and what is your best option in the circumstances,” said Lucifero.

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Constructive Dismissal in Ontario