As workers nationwide face a return to in-office work, experts suggest a recent ruling in British Columbia could impact remote work and emphasize the need for careful implementation of office return mandates. In mid-May, the B.C. Court of Appeal upheld a decision stating that an employee of a Vancouver real estate firm was constructively dismissed when her long-standing remote work setup was abruptly terminated, requiring her to return to the office full-time.
Tracy Parolin, the plaintiff, had a flexible work schedule with Cressey Construction Corporation since her return from maternity leave in 2013. Following the onset of the COVID-19 pandemic in March 2020, Parolin continued remote work with the approval of supervisors due to childcare needs. However, a new supervisor revoked her remote work arrangement during a salary discussion in May 2023, leading to her resignation.
While Cressey argued that Parolin’s contract did not explicitly allow full-time remote work, the trial judge ruled in Parolin’s favor, considering her flexible hours as an essential aspect of her employment, supported by the employer for years. The judge found the company’s unilateral change without notice as a breach.
The case highlights the importance of carefully managing remote work transitions. Employment lawyers emphasize that while employers can request full-time office returns, clear communication and consideration are crucial to avoid legal pitfalls. Melanie Harmer, an employment litigator, suggests that employers who only temporarily shifted to remote work due to the pandemic may have better grounds for office return mandates.
The verdict underscores the significance of workplace location as a fundamental employment condition. Experts anticipate an increase in legal cases related to remote work transitions as more employees are called back to the office, urging employers to be mindful of their approach to such changes.
