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David Whitten, Partner at Whitten & Lublin Employment Lawyers, was featured in Human Resources Director (HRD) discussing the growing legal risks employers face when modifying long-standing remote and hybrid work arrangements.
In the article, “Remote Work Rulings Raise Stakes on Hybrid Workplaces, Return-to-Office Plans,” David explains how Canadian courts are increasingly recognizing established remote and hybrid work arrangements as fundamental terms of employment. As a result, employers who mandate a return to the office without sufficient notice may expose themselves to constructive dismissal claims.
Drawing on recent court decisions in Ontario and British Columbia, David highlights the importance of carefully planned return-to-office strategies, reasonable notice periods, and clear employment agreements that address remote work expectations. He also discusses key considerations related to employment standards, workplace safety, accommodation obligations, and the legal complexities of “work from anywhere” arrangements.
The article serves as a timely reminder for employers to create clear, documented remote work policies and to approach any significant changes to hybrid work arrangements with thoughtful planning and legal guidance.
