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As employers continue to implement return-to-office mandates, a decision from the British Columbia Court of Appeal serves as an important reminder.
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Employment disputes over contract changes can quickly escalate into costly litigation, reputational risk, and operational disruption.
Return-to-office plans aren’t just operational, they’re legal. Employers who fail to align their policies with their practices could be exposed.
Even well-intentioned employers can find themselves facing constructive dismissal claims if remote work expectations are not properly managed.
A stark reminder that severance obligations under employment contracts must be respected. Failing to do so breaches contractual duties.
Ron Minken interviewed by Canadian HR Reporter, April 17, 2023: "Constructive Dismissal Post COVID-19 – Pitfalls for Employers to Avoid"
A question many have raised is whether or not putting unvaccinated employees on an unpaid leave constituted constructive dismissal.
Constructive dismissal is when there has been a unilateral and fundamental change to the workplace that is not condoned by the employee.