Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes
I've been employed at my company for almost 7 years. In March 2020 (COVID), I switched to remote work, and have been working that way ever since. I was classified as a hybrid employee, although my work style matched those of a remote employee (no assigned desk, for example). In May of this year my manager informed me my designation would be transitioned to remote, based on my work patterns.
As of Monday, all hybrid employees are expected to be back in office every day. After this announcement, my manager informed me the change to my work designation was only a 'request', and that HR had denied the request. Could this be considered a constructive dismissal?
In general, if remote work has become a term of your employment, then you can legally refuse a return to the office. The question is whether the employer, by their communications or conduct, has made remote work a permanent term of your employment. It does not appear your case is at the stage of "constructive dismissal" yet. Having said that, your case does require an in-depth consultation with an employment lawyer, including a review of your contract and other relevant documents. Please contact Samfiru Tumarkin should you wish to schedule a consultation.