In May, the B.C. Court of Appeal upheld a ruling that Tracy Parolin, an employee of Vancouver-based Cressey Construction Corporation, was constructively dismissed when the company revoked her remote work arrangement and required her to return to the office full time. Parolin had maintained a flexible work schedule since returning from maternity leave in 2013 to care for twins, one of whom had significant health needs. She transitioned to full remote work in March 2020 during the COVID-19 pandemic and continued this arrangement with the approval of successive supervisors even after other employees returned to the office. However, in May 2023, a new supervisor unilaterally ended the flexible arrangement without notice during a salary discussion, leading Parolin to leave her position.

The trial judge found that Parolin's flexible working hours had become a fundamental, enforceable term of her employment supported by years of employer approval. Although Cressey argued that no explicit contract clause guaranteed remote work, the court determined the company's change was made unilaterally and without notice, constituting constructive dismissal. Employment lawyers note this decision demonstrates that remote work arrangements can become essential employment terms, requiring employers to approach return-to-office mandates carefully.

Experts caution that while the ruling does not prevent employers from requiring office returns, it highlights the risks of implementing changes too rapidly without proper notice or consideration. Employment lawyer Sundeep Gokhale stated that employers who pivot too quickly risk legal consequences. However, lawyer Melanie Harmer suggested the outcome might have differed had Parolin's remote work been purely pandemic-related rather than a long-standing arrangement. The case is expected to influence future disputes across Canada as more workers face return-to-office mandates, with legal specialists anticipating increased litigation on this issue.