Return-to-office policies continue to expand across Canada, but a recent decision from the British Columbia Court of Appeal highlights an important legal limitation: longstanding remote work arrangements may become binding terms of employment, even where they were never formally documented in writing. Return to office constructive dismissal claims are becoming increasing common as employers across Canada implement or expand return to office mandates.
In Cressey Construction 2026 BCCA 199 (CanLII) | Cressey Construction Corporation v. Parolin | CanLII, the Court of Appeal considered whether an employer could require an employee to return to full-time in‑office work after years of an approved remote arrangement. The answer, on the facts of this case, was no. The Court confirmed that where a work-from-home arrangement is clearly accepted, repeatedly endorsed, and relied upon over time, it may become a binding term of the employment contract. The employer’s decision to revoke a work from home arrangement in this case, amounted to constructive dismissal.
TL;DR: Can a Return to Office Mandate Be Constructive Dismissal?
Yes, potentially.
A recent British Columbia Court of Appeal decision confirmed that a long-standing work-from-home arrangement can become an enforceable term of employment, even if it was never formally documented in writing.
The outcome will depend on the specific facts of each case, but employers should be cautious before implementing mandatory return-to-office policies for employees who have worked remotely for extended periods.
What happened in Cressey Construction v. Parolin?
Tracy Parolin worked for Cressey Construction Corporation for approximately 18 years, eventually serving as Director of Marketing. During the COVID-19 pandemic, she transitioned to working remotely.
Although most employees later returned to the office, Ms. Parolin continued working from home with the approval of successive senior managers, who were aware that the arrangement assisted her in managing childcare responsibilities and health concerns relating to one of her children.
In 2023, a new supervisor directed Ms. Parolin to return to the office full-time, Monday through Friday, without prior discussion or notice. The same meeting also involved a disappointing compensation discussion in which her role was characterized as more akin to a “Marketing Manager” position than a “Director of Marketing” role.
Ms. Parolin treated the conduct as constructive dismissal and commenced litigation.
Why the Court found the remote work arrangement was contractual?
Both the trial court and the Court of Appeal concluded that the work-from-home arrangement had become an enforceable oral contractual term of the employment contract. Importantly, the Court emphasized that the arrangement was not merely implied through conduct.
Rather, it arose from:
- explicit discussions
- repeated managerial approval
- ears of consistent implementation
- employer support – i.e.: The employer had assisted in setting up a home office, reinforcing the permanence of the arrangement.
Can remote work become a term of employment?
Many employers assume remote work arrangements remain discretionary unless formally documented in an employment agreement. However, courts may find that a workplace practice becomes part of the employment contract where it has been consistently approved, relied upon, and treated as a permanent feature of the employment relationship.
Why the return to office directive was constructive dismissal?
Ms. Parolin’s return to office constructive dismissal claim relied heavily on the framework established in 2015 SCC 10 (CanLII) | Potter v. New Brunswick Legal Aid Services Commission | CanLII. The Court confirmed that a unilateral and substantial change to a single essential term of employment can independently constitute constructive dismissal. Here, the abrupt return-to-office directive substantially altered Ms. Parolin’s working conditions and interfered with the childcare accommodations that had formed part of her employment relationship for years.
The Court rejected the employer’s argument that a demotion was also required to establish constructive dismissal.
Does every return to office mandate create a constructive dismissal claim?
No. The decision does not mean all pandemic-era remote work arrangements automatically become contractual entitlements.
The Court carefully confined its reasoning to the unique facts before it, particularly the repeated senior-level approvals and the employer’s long-term endorsement of the arrangement.
Courts will examine factors such as:
- Length of the arrangement
- Employer communications
- Employee reliance
- Business justification
- Employment contract language
- Whether the arrangement was described as temporary
What employers should learn from this decision?
This case highlights a growing employment law risk: employers who permit remote or flexible work for extended periods without clearly documenting its temporary or discretionary nature may later face constructive dismissal claims if those arrangements are abruptly revoked, particularly where employees have relied on those arrangements to manage ongoing personal responsibilities known to the employer.
Employers must:
- Document temporary arrangements
- Review remote work policies
- Avoid abrupt changes
- Consider accommodation obligations
- Communicate changes carefully
What employees should know before resigning over a return to office mandate?
An employee who is considering quitting due to a return to office mandate should consider the following:
- Don’t resign immediately
- Obtain legal advice from an employment lawyer
- Document communications from before and after the mandate
- Review the employment contract
Can my employer force me back to the office?
In many cases, employers can require employees to attend work in person. However, where a remote work arrangement has become an established and fundamental term of employment, requiring an employee to return to the office may expose the employer to a constructive dismissal claim.
Whether an employer can legally require a return to the office depends on the specific facts, the employment contract, workplace policies, and the history of the remote work arrangement.
Frequently Asked Questions
Can a return to office mandate be constructive dismissal?
Yes. A return to office mandate may amount to constructive dismissal where it significantly changes an established term of employment and the employee did not agree to the change.
Can remote work become a contractual term of employment?
Yes. Courts may find that a remote work arrangement becomes part of the employment contract when it is consistently approved, relied upon, and treated as a permanent feature of the employment relationship.
Can my employer force me back to the office after working remotely for years?
Potentially, but not always. The answer depends on the employment contract, workplace policies, and whether the remote work arrangement became an established term of employment.
Is a work-from-home arrangement legally binding?
A work-from-home arrangement can become legally enforceable even if it is not formally documented in writing, depending on how the arrangement developed and was treated by the employer and employee.
What should I do if my employer suddenly requires me to return to the office?
Employees should carefully review their employment contract, document communications, and consider obtaining legal advice from an employment lawyer before resigning or refusing the directive.
Can I receive severance if I resign because of a return to office mandate?
Potentially. If the return-to-office requirement amounts to constructive dismissal, an employee may be entitled to severance and other compensation despite technically resigning.
Key Takeaway
The Court of Appeal’s decision does not mean every employee has a permanent right to work from home. However, it confirms that long-standing remote work arrangements can become binding terms of employment. Employers who abruptly revoke those arrangements may face constructive dismissal claims, particularly where employees have relied on remote work to manage important family or personal obligations.
Why contact Whitten & Lublin employment lawyers?
If you have been called back to work after working remotely and are considering quitting or want to understand if you have return to office constructive dismissal claim, its important to speak to an employment lawyer. The team of employment lawyers at Whitten & Lublin would be happy to review your situation and provide you with the legal advice and guidance to protect your rights.
Contact us online or at 416 640 2667.
