Refusing In-Office Work Determined by Contract: Employment Lawyer Discusses with CFRA

Interview Summary

The City of Ottawa is the latest employer to require staff to return to the office full-time in 2026.

For many employees, in both the private and public sectors, remote and hybrid work has been permitted for the past few years. Can employees refuse return-to-office requests? Will exemptions for medical or childcare accommodations be permitted?

Teilen Celentano, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP, spoke with Patricia Boal on Newstalk 580 CFRA on the rights of employees and next steps.

Interview Notes

• Rights of employees: Celentano noted that requests to return to full-time work in the office have become common. “For non-unionized employees, your rules and rights will be determined by what’s in your employment contract,” Celentano explained.
• Post-COVID work arrangements: “If you’ve continued to work in a hybrid or fully remote schedule since COVID, work arrangement has likely become an implied term of your contract,” Celantano stated. “Your employer is not allowed to implement unilateral changes.”
• Resigning due to in-office mandate: Celentano explained that for unionized employees, speaking to their union representative is advised. “If you’re non-unionized, the best thing to do is reach out to an employment lawyer who can look at the terms of your employment contract.”
• Accommodations exempting employees: “Accommodation would be based on a protected ground as defined by the Human Rights Code,” said Celentano. “If you are disabled and are unable to drive to work, or take public transportation, and need to work from home, that is an accommodation you can ask for,” Celentano explained. In order to refuse an accommodation request, an employer must prove undue hardship.
• Childcare accommodations: “Accommodations under family status can take a lot of different forms,” Celentano noted. “It can mean a leave of absence, a modified work schedule, etc.”

Related Resources

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

• Severance pay in Ontario