By: Julius Melnitzer | July 17, 2026
The British Columbia Court of Appeal has ruled that an unwritten but long-accepted work-from-home arrangement can become an essential term of employment, so that a unilateral return-to-office order — without notice or agreement — can trigger constructive dismissal.
“The decision in Cressey Construction Corporation v. Parolin is getting a lot of attention because dealing with an employee who’s told to come back to the office is a critical issue for employers these days,” says Allison Buchanan, counsel at Dentons Canada LLP’s employment and labour group and who wasn’t involved in the case. “What can they do? What can’t they do? What leverage do they have?”
The key takeaways from the decision are that remote work can be a fundamental aspect of employment and that a legal right can be established even if it’s not in writing. MORE . . .
Julius Melnitzer is a Toronto-based writer who focuses on law, legal affairs, and the business of law. Follow him on LegalWriter.net or email him at julius@legalwriter.net.