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In October 2018, my senior manager forced me to vacate my downtown office desk and start working from home. Last week, we are being forced by a new/different senior manager to come back to the shared office workspaces for 2 days a week - either downtown office or Scarborough office. Is this 2-day instead of 4-day per week requirement to work from office legally valid? When I come to the downtown office, I am sitting by myself surrounded by strangers from other teams which are not part of my team, is this a precursor to constructive dismissal by my employer since it logically makes little to no sense to force staff to commute downtown to an office to sit by themselves all day long unless they are eventually planning to mandate greater attendance to 4 days a week to "test" how much turnover occurs due to such change(s) or testing employees to see how many staff actually take legal actions with their employers for these new "mandates". I work for one of the big 5 banks in Canada. It seems that they are having HR track people who come into the office so that they can take disciplinary action against any employees who do not commute to these downtown or Scarborough office buildings at least 2 days per week.
This may amount to constructive dismissal, however, we would have to review your terms of employment set out in your employment agreement with the Bank along with thw specifics of your situation in order to provide advice with regard to such. Please contact our Firm for a consultation