Return To Office Mandates: Can I Refuse?
As more employers implement return-to-office mandates, employees may wonder whether they have the right to refuse. In Ontario, an employer’s ability to require in-office work depends on employment contracts, workplace policies, and human rights considerations.
This article explores whether employees can refuse a return to the office, when accommodations may apply, and the legal risks of non-compliance.
Do employers have the right to require in-office work?
Ontario employers generally have the right to set workplace location requirements, provided they comply with the Employment Standards Act, 2000 (ESA) and human rights obligations. Employees may be required to return to the office if:
- Their employment contract specifies in-office work.
- The employer has consistently enforced an in-office policy.
- The employee does not have a legal entitlement to accommodation.
If remote work was temporary or discretionary, an employer can revoke the arrangement. However, unilateral changes to an established remote work agreement could lead to constructive dismissal claims.
Can employees refuse a return-to-office mandate?
Employees may refuse an in-office requirement if:
- It violates their employment contract.
- They require accommodation due to a disability or caregiving responsibilities.
- It creates an unsafe work environment under the Occupational Health and Safety Act (OHSA).
In most cases, refusing to return without legal justification may be considered insubordination, potentially leading to disciplinary action or termination.
Accommodation requests under human rights law
The Ontario Human Rights Code protects employees from workplace discrimination, including disability-related accommodation needs. Employers must provide reasonable accommodations unless doing so would cause undue hardship.
Common accommodation requests related to remote work include:
- Medical conditions requiring flexible work arrangements.
- Family status accommodations for childcare or eldercare.
- Disability-related accessibility concerns.
Employees seeking accommodations should submit formal requests with supporting medical or personal documentation. Employers must engage in the accommodation process before denying requests.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Whether you’re an employer implementing a return-to-office policy or an employee asked to comply, the legal implications can be complex. Speaking to a lawyer first can help you avoid costly mistakes and protect your rights.”
Constructive dismissal risks for employees
If an employer imposes a unilateral return-to-office requirement that significantly alters employment terms, an employee may claim constructive dismissal. Courts assess whether:
- Remote work was an established condition of employment.
- The new requirement significantly impacts the employee’s role or working conditions.
- The employer failed to provide reasonable notice of the change.
Employees claiming constructive dismissal may be entitled to a termination notice and severance pay under common law.
Employer best practices for return-to-office policies
Employers should implement clear and legally compliant return-to-office policies by:
- Reviewing employment contracts to determine remote work entitlements.
- Providing reasonable notice before changing workplace expectations.
- Engaging in accommodation discussions where applicable.
- Ensuring compliance with OHSA and other workplace safety laws.
- Seeking legal advice to mitigate constructive dismissal risks.
How an employment lawyer can assist
An employment lawyer can help employees and employers deal with return-to-office disputes, including:
- Reviewing employment contracts to determine legal obligations.
- Assessing wrongful dismissal or constructive dismissal risks.
- Advising on accommodation requests and employer duties.
- Providing legal representation in employment disputes.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics
Employees: Constructive Dismissal, Human Rights, Termination and Severance, Employment Dispute and Litigation, Employee Contracts
Employers: Employment Law, Employee Terminations and Layoffs, Policies, Employment Contracts, Employment Compliance