Key Takeaways

Remote work arrangements may become binding terms of employment when they are applied consistently and relied on by employees. Changes to work location can therefore give rise to a constructive dismissal claim, similar to what can occur when an employer changes compensation or duties. While the outcome in any given case will depend on the specific facts, employers should assess whether flexibility has become part of the employment agreement and, if so, implement changes through agreement or reasonable notice rather than unilaterally to correct this situation.

In Cressey Construction Corporation v. Parolin, 2026 BCCA 199, the British Columbia Court of Appeal considered when a return‑to‑office requirement may cross the line into constructive dismissal. The decision underscores a familiar point for employers: changes to working conditions are often permissible, but greater care is required where those conditions have become established terms of the employment relationship.

Continue Reading From Flexibility to Employer Obligation: Remote Work and Constructive Dismissal

Join us for a four-part webinar series as our moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. Multinational employers with business operations in Europethe Americas, the Middle East and Africa, and Asia Pacific regions will hear directly from local practitioners on

Special thanks to Stephanie Dewey.

Baker McKenzie’s Labour and Employment, Global Immigration and Mobility, and Tax lawyers review the wide variety of legal issues for Canadian employers to consider regarding a temporary or permanent remote work opportunity outside of the province of the employment agreement and provide tips on how employers can offer employees flexibility

Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We