Our company is calling employees back to the office and everyone who is sent home to work due to the pandemic is required to come to the office minimum of 2 days a week. We have some employees who refuse to report to work. Necessary communication was made to everyone well ahead of time including safety measures etc.
Would termination of the employee be legal if the employee does not come to the office but can work from home?
It depends on whether the employee has a contractual or implied right to work from home. Take a look at this piece. Although it talks about constructive dismissal, the same analysis would apply to your situation. https://hrinsider.ca/ending-telecommute-arrangements-without-committing-constructive-dismissal/ I hope you enjoy the holidays. Glenn