Remote Work and Rights When Recalled: Canadian Justice Interview

Interview Summary

The pandemic brought forth a significant shift in workplaces. Many employers transitioned their businesses to a hybrid work model or exclusive remote working arrangements.

What potential problems do the evolving workplace and remote work pose for employers and employees? What should employees be aware of to protect their rights better?

Mackenzie Irwin, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joined host Christine Van Geyn on Canadian Justice to discuss this new sensation and its dilemma.

Interview Notes

• Common request to be back at the office: There seems to be a mix of employers who wish to see all of their employees back in the office and some who are more willing to implement a hybrid or remote work arrangement. Ultimately, the industry and type of work environment do dictate what employers can implement and the amount of flexibility.
• Mandate to return to work: Employers are within their rights to request employees return to the office if they previously did not have a remote work arrangement. It is important for employees to look closely at the terms of their employment contract to determine what they are entitled to. Employers cannot make fundamental changes to the terms of employment without an employee’s consent.
• B.C employee terminated for cause due to time theft: A tribunal ultimately decided an employee that was trying to sue her former employer actually owed them compensation due to time theft. In this particular case, the employer had time-tracking software and conducted a thorough investigation into the employee’s discrepancies. It is a very difficult threshold for employers to meet in order to terminate employees for cause.
• Work-from-home policies: Employees and employers are running into problems regarding jurisdiction. Many employees have relocated during the pandemic. Employees should remember that their employment rights are dictated by the region they reside in. Employees wishing to travel to another province or country should be aware of workplace policies. Employers should outline specific workplace policies regarding travel while working from home, and communicate clear expectations.
• Electronic monitoring while working remotely: Employees should be aware that their employers are within their rights to implement tracking software as they work from home. Employers do have to disclose to their employees if they work in Ontario, that tracking software is being used.
• Providing equipment for remote work: There is a distinction between employees who have been hired to work remotely at the outset, and those hired to work at the office but then asked to work from home. For employers that have decided to change the work arrangement from in-office to remote, equipment and tools should be provided.

Learn more about employee rights when employers end remote work and recall staff in provinces like Ontario, Alberta and British Columbia.