COVID Recall Equals Constructive Dismissal

The Ontario Superior Court has ruled that an employee being recalled to work after working remotely due to COVID 19 can sue their employer for constructive dismissal.

The court ruled that the unilateral decision by an employer to force an employee to return to the office constitutes a valid constructive dismissal claim. This decision illustrates the necessity for a well defined Remote Work Policy for employers.

If you have been recalled for work and your employer does not have a Remote Work Policy, please reach out to us at 403-264-1366 and we can review your case and see if you have a cause to take action at Small Claims Court.

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