Employers Calling Workers Back to the Office: CBC Interviews Employment Lawyer

Many employers have implemented a general push to return to the office as businesses shift to a state of normalcy and remove pandemic restrictions.

Employees that have worked remotely for the past few years have been resistant to this change despite warnings from legal experts.

Do employees have any rights to remain working from home?

Mackenzie Irwin, an Ontario employment lawyer and Associate at Samfiru Tumarkin LLP, in speaking to CBC, offered some vital advice for employers like Amazon, who have requested employees return to the workplace.

“You’ve got to give your employees sufficient notice and time to make necessary arrangements in order to come back,” said Irwin.

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Irwin stated that many employees have contacted her and Samfiru Tumarkin LLP, worried about their rights and flexibility.

“For the majority of employees, if you started working remotely throughout the pandemic … your employer does have a right to recall you back to the office,” Irwin said. “If your employment contract doesn’t specifically state that your position is remote, your employer does have a right to call you back.”

Ultimately, Irwin offered caution to employees as there has been a shift in the workplace dynamics as layoffs and downsizing continues.

“But now we’re seeing a switch, where there’s a lot of downsizing, not a lot of hiring,” said Irwin. “It may be that we’re coming into a scenario where that leverage is kind of lost for the employees.”

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