BC Courts Side with Mother of Twins Forced to Fully Resume In-Office Work

What Happened?

In May 2026, the British Columbia Court of Appeal (BCCA) upheld a ruling that an employee at a Vancouver-based real estate development company had been constructively dismissed when her longstanding remote work arrangement was suddenly revoked.

The individual, a mother of twins, had a flexible work schedule since returning from maternity leave in 2013. She became fully remote in March 2020 as her employer navigated the COVID-19 pandemic.

When colleagues began to return to the office, the company allowed her to continue working remotely so she could take care of her children, 1 of whom had a significant health condition.

However, during a meeting to discuss a salary increase in May 2023, a new supervisor directed her — without any prior notice — to start working from the office 5 days a week. Unable to do so, the individual left her job shortly after.

The Bottom Line

While the worker’s employment contract didn’t explicitly state she could fully work from home and/or outside of regular hours, the BCCA agreed with the trial judge’s ruling that it had become an enforceable, fundamental term of her employment.

Experts believe the decision shows why employers in the province and across Canada need to implement return-to-office (RTO) mandates with care.

Disclaimer: The materials provided in this article are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.