The pandemic has normalized work from home arrangements as employees were forced to quickly adapt to remote work in response to the closure of all non-essential businesses. With many workplaces able to operate almost seamlessly outside of a formal office, many workplaces are now considering a future that permits more flexibility in terms of where employees may perform their work.
location of work
It has always been clear in Ontario law that employers cannot unilaterally alter the most important aspects of the employment contract – compensation, location of work, hours of work – without the employee’s consent or providing adequate advance notice of the change. If it does, it may lead to a claim of constructive dismissal. But what if the change imposed in the contract is not as important as some of these? How can the employee respond to a change in his position that he perceives to be a demotion, even if the title remains the same.