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Showing posts from June, 2025

WFH Constructive Dismissal

There's a developing question of how the 'constructive dismissal' doctrine will be applied to the various employers bringing remote workers back into the workplace. There's not a lot of case law on this yet. I suspect there will be. But all of the cases I've seen so far have had some fairly exceptional characteristics, none of them speaking directly to an employer's ability to bring an employee back to work. Briggs In Briggs v. ABC Insurance Solutions , in BC, an employee had been hired for a hybrid role. The employer was in the course of shifting everyone to be fully in-office (but hadn't done so yet), and the employee was trying to negotiate a commuting allowance. Because the employer wasn't engaging her in a conversation about it (she believed she'd been promised the allowance, but that's not really the point here), she declared that she'd work from home until the details were worked out. The employer took the position that this was a repu...