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Return to The Office or Permanent Work-From-Home? Whatever an Employer Chooses, Lawsuits Will Abound

The decision to recall employees is a double-edged sword.

We have reached what could be employers’ last chance to return remote workers to the office. But employers risk constructive dismissal claims whether they call employees back or not, something most have yet to consider.

By the end of this month, most vaccine and mask mandates will have been abolished across Canada, along with capacity restrictions for shops, offices and events. Stadiums and concert halls will be filled, festivals will resume and long-awaited international travel will be enjoyed by many.

But, as Canadians return to normal life, anything that remains of COVID-19 restrictions risks becoming part of a new normal. This includes remote work, and any deviation from that new normal can constitute a constructive dismissal.

The question employers should be asking themselves is, “if not now, when?” If they cannot reliably answer that question and communicate the answer to their employees, then now is the time t...

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