Asking a work-at-home employee to work at the office

Is working from home a fundamental term of employment?
By Tim Mitchell
|Canadian Employment Law Today|Last Updated: 05/13/2015

Question: If an employee is hired for a work-at-home position, could it be considered constructive dismissal if the employer decides after a while that it wants the employee to work at the office every day?

Answer: Constructive dismissal occurs when a unilateral act of the employer breaches the employment contract and the breach is reasonably regarded as having made a significant change in an essential term. The question whether an employer’s unilateral act amounts to constructive dismissal in any given set of circumstances is described in Potter v. New Brunswick (Legal Aid Services Commission) as a “highly fact-driven exercise.”