Return-to-office plans aren’t just operational, they’re legal. Employers who fail to align their policies with their practices could find themselves exposed to compliance issues, grievances, or litigation.
As major employers across Canada, including RBC, Amazon, Meta, and CIBC, begin phasing employees back into the workplace, businesses of all sizes are reconsidering the structure of their work environments. Whether transitioning to hybrid models or enforcing in-office mandates, the shift away from fully remote work carries important legal and policy implications that employers must not overlook.
From employee rights to performance expectations, the post-pandemic workplace demands up-to-date documentation, consistent communication, and legally sound policies. Simply asking employees to “come back” without updating your employment frameworks could open the door to legal risk and compliance issues.
Why the Trend Matters Now
According to recent reports, employers are increasingly citing the need for collaboration, culture, and oversight as reasons to bring staff back to the office. Yet, as workplace culture experts note, there’s no one-size-fits-all solution, some employees thrive with flexibility, while others perform better with in-person interaction.
This mixed approach is now common across sectors:
- RBC: Up to 4 days a week in office for certain teams
- Amazon: 3 days minimum, with remote exceptions
- Meta: 3-day in-office baseline, remote options with approval
- CIBC: Return-to-office requirements vary by role and client needs
- National Bank & JPMorgan Chase: More in-office days for client-facing and collaborative teams
This evolving landscape has direct implications for workplace policies, employment contracts, and human rights compliance; especially when flexibility, accommodation, or job changes are involved.
Top Legal Considerations for Employers Bringing Staff Back
1. Update Workplace Policies
Remote work, hybrid expectations, attendance, cybersecurity, and performance management policies should all reflect your current workplace model. Relying on pre-pandemic documents or inconsistent expectations leaves room for dispute.
Tip: Define how often employees are expected to be on-site, clarify scheduling flexibility, and outline consequences of non-compliance, all while staying within employment standards and human rights legislation.
2. Check for Constructive Dismissal Risks
If an employee was hired into a fully remote role, a sudden return-to-office mandate could be considered a fundamental change to the terms of employment, raising the risk of a constructive dismissal claim.
Mitigation: Provide notice of any major change, consult legal counsel, and assess whether the change materially alters the employment relationship.
3. Human Rights and Accommodation Still Apply
Some employees may request continued remote or hybrid work due to medical needs, caregiving responsibilities, or disability. Employers have a duty to accommodate to the point of undue hardship.
Strategy: Ensure managers understand how to handle accommodation requests appropriately and document the process clearly.
4. Employment Agreements May Need a Refresh
Review hiring letters, employment contracts, and termination clauses. Are flexible work terms captured? Do the employment contracts account for hybrid work or a full return to the office?
Best Practice: Ensure employment agreements include clear, enforceable language around location of work, hours, and flexibility, including any remote work expectations.
Key Takeaway
Return-to-office plans aren’t just operational, they’re legal. Employers who fail to align their policies with their practices could find themselves exposed to compliance issues, grievances, or litigation. Whether you’re mandating a full return or adopting a flexible hybrid model, this is the time to revisit your workplace documentation.
Need Help Navigating the Shift?
Minken Employment Lawyers (Est. 1990) has over 35 years of experience advising employers on policy development, return-to-work strategies, employment contracts, and risk management. We can help you ensure your return-to-office plan is legally compliant, employee-conscious, and clearly communicated.
Contact Minken Employment Lawyers (Est. 1990) today at 905-477-7011 or [email protected] for guidance on how to return your employees to the office and minimize legal risk.
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Please note that this article is for informational purposes only and does not constitute legal advice or opinion.
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