By: Julius Melnitzer | March 24, 2025
Ontario’s small claims court has ruled that recalling an employee from a remote working arrangement to in-person work can amount to a constructive dismissal giving rise to liability for damages.
The employee in question, Lesley Byrd, had worked for Welcome Home Children’s Residence Inc. in Ottawa since 2018, but without a written contract of employment. She was, in her employer’s words, a valued employee who was promoted to manager of clinic support in 2019.
Byrd’s husband was in the Canadian Armed Forces. In May 2020, the CAF advised it was posting him to Belgium for about three years. Welcome Home allowed Byrd to work remotely and she did so for more than a year, at which point the employer asked her to return to work in person or resign. Byrd sued for constructive dismissal in Ontario’s small claims court, where she succeeded.
Deputy Judge Caroline Kelly reasoned . . . MORE
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or on his website.
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