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ARTICLE · 17 APRIL 2025

Return-To-Office Mandate Triggers Constructive Dismissal (… This Time)

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In Nickles v 628810 Alberta Ltd.[1] ("Nickles"), the Court of King's Bench of Alberta found that an employer's return-to-office mandate constituted grounds for constructive dismissal of an employee with a longstanding work-from-home arrangement

CanadaEmployment and HR
Paul Boshyk
Paul Boshyk
Meena Shanmuganathan
Meena Shanmuganathan
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In Nickles v 628810 Alberta Ltd.1 ("Nickles"), the Court of King's Bench of Alberta found that an employer's return-to-office mandate constituted grounds for constructive dismissal of an employee with a longstanding work-from-home arrangement.

Background

The employee in Nickles primarily worked from home as an office manager from 1986 to 2023. During this 37-year period, she attended the office when needed, but mostly at her own discretion. There was no dispute that her role was a work from home position.

However, following an ownership change, the employer introduced a so-called return-to-office mandate requiring the employee to work in the office on a full-time basis. The employer gave the employee less than three months of notice to comply with this mandate. The employee argued that this was not a "return" to the office, but rather a significant change to her longstanding remote role.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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