July 8, 2025 from Benefits Canada
The Fall Return: Why Return-to-Office Mandates Are Causing Legal Friction
After years of hybrid and remote work, Canadian employers are increasingly pushing workers back to the office—often four days a week. Major financial institutions like BMO, RBC, and Scotiabank are leading the shift, citing collaboration and operational benefits.
But the return to traditional office norms is already causing conflict. Employment lawyers report an uptick in inquiries from workers reluctant to give up their home-based routines. According to Philippe de Villers, chair of Chartered Professionals in Human Resources Canada, the leverage has shifted:
“Now, it seems with economic uncertainty, employers have bigger leverage to basically impose unilaterally that kind of stuff and tell people, ‘If you don’t like it, you might as well go.’”
What’s Legal—and What’s Not
The legal rights of employees vary depending on their circumstances. Workers who don’t require a family or medical accommodation may be expected to comply with their employer’s return-to-office policies—especially if the employer had always signaled that remote work was temporary.
However, there are exceptions. Employees with caregiving duties may request accommodations under family status protections, particularly if new office demands interfere with established childcare routines.
“If it’s just impossible or unreasonable for an employee to make those types of changes, an employee can seek an accommodation with respect to family status,”
explains employment lawyer Sunira Chaudhri.
Medical accommodations are another frequent issue. Lawyer Jon Pinkus notes that employees may need modified work arrangements due to physical limitations, access to medication, or proximity to medical care. Employers must accommodate these needs up to the point of “undue hardship”—a legal threshold requiring proof that an accommodation would cause significant difficulty or expense.
Risk of Constructive Dismissal and Contract Breach
In some cases, a sudden shift back to the office may be seen as a breach of contract. This risk is greater if the employer made no clear indication that remote work would end. According to Pinkus, “there is precedent for the notion that an employer can’t simply take someone from a telecommuting role and put them in a non-telecommuting role without their permission.”
Still, constructive dismissal claims are not guaranteed. Employers have been incrementally increasing in-office days to reduce legal exposure. And even if employees believe the return-to-office policy is unfair, they are advised to tread carefully—quitting without legal grounds may be viewed as job abandonment, which could jeopardize severance.
The Bottom Line for Employers and Employees
Companies have gained ground in shaping post-pandemic work norms. Employees who aren’t on board with stricter office mandates often face three choices: comply, request a legally valid accommodation, or start looking for a new job.
For those caught in the middle, Chaudhri says many are already making their decision.
“Employees are considering career changes en masse … looking to jump ship and find a more flexible arrangement.”
As workplace expectations evolve, legal clarity and open dialogue will be key in navigating this next phase of the return to office.
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