Employment laws regarding hybrid and remote work: Ontario employment lawyer on CFRA

Interview Summary

As the new year begins, many employers have recalled employees back to the office full-time.

While some employees prefer a remote work arrangement or hybrid work model, not all employers have complied with a flexible work schedule.

What rights do employees have to refuse a full-time return to the workplace? Do employment laws offer any rights and entitlements for employees under these circumstances?

Travis Carpenter, an Ontario employment lawyer and Associate at Samfiru Tumarkin LLP, joined Patricia Boal on Newstalk 580 CFRA to answer these questions and discuss employee rights.

Interview Notes

• Employer’s right to request a return to the office: Context is important when determining if an employer has the right to ask employees to return to the physical workplace. Communication between an employer and an employee would be vital in assessing an employee’s expectations and entitlements. Employees should look closely at the terms of their employment contract as well as the expressed expectations of their employer in returning to the office.
• Establishing new terms of employment: Employers will have a much more difficult task requesting employees return to the office if they have permitted employees to work remotely months or years past initial pandemic restrictions. Employees could argue that remote work or hybrid work has become a new term of their employment.
• Changing terms for remote workers: Employees who were initially hired as remote workers cannot be pressured to work at the office. This would be considered a major change to the terms of their employment and would be considered a constructive dismissal.
• New employment agreement for employees: Employees are within their rights to ask for written documentation confirming their new remote work arrangement. Employees with a medical condition or family care obligations who are unable to work at the office should speak to their doctors regarding a note and accommodations.
• Remote work from other locations: Employees should consider work policies regarding their ability to travel or relocate while working remotely.