After years of juggling kitchen-table offices and video calls, many Sarnia employers are asking people to return to the workplace. Some are calling for a couple of anchor days while others want a full five-day return.
After years of juggling kitchen-table offices and video calls, many Sarnia employers are asking people to return to the workplace. Some are calling for a couple of anchor days while others want a full five-day return. Can your employer do that? The honest answer is it depends. What it depends on is your contract, the history of your role, human rights considerations, safety, and whether you’re unionized.
Start with the paper: what does your contract or policy say?
If your offer letter, employment agreement, or handbook clearly says the job is in-office or gives the employer discretion to set your work location, a return-to-office (RTO) directive is usually within management rights. On the other hand, if remote or hybrid work was promised or if it became an ongoing, accepted arrangement, suddenly ordering a full-time return can be a significant change to a core term of employment. In some cases, that kind of change may amount to constructive dismissal (a legal term meaning the employer effectively ended the original contract terms).
Context matters. Courts and tribunals look at what’s written, what’s actually happened over time, and whether the change is major. If you were hired to work at the front desk at a downtown clinic, location is probably essential. If you were hired as a policy analyst and have worked from home for 3+ years with your boss’s blessing, it’s a closer call.
Human rights: accommodation isn’t optional
Ontario employers must accommodate disability and family status needs to the point of undue hardship. That doesn’t guarantee remote work on demand, but it does require a case-by-case process. If a worker has medical limitations (supported by appropriate information) or legitimate caregiving obligations that conflict with a rigid RTO, the employer should explore reasonable options such as hybrid schedules, different start times, or temporary remote days before saying “no.” Blanket refusals tend to create problems while documented, individualized solutions tend to prevent them.
Safety: reasonable concerns must be addressed
Workplaces from Chemical Valley to retail and healthcare have different risk profiles. Ontario’s health and safety rules require employers to take every reasonable precaution for worker protection. General discomfort with commuting won’t justify staying home, but credible safety issues (e.g., unresolved violence risks in a public-facing role, or specific on-site hazards) need attention before attendance is enforced. Workers should raise safety concerns promptly and in writing and employers should investigate and fix rather than dismiss.
Unionized vs. non-union: language rules
If you’re in a unionized environment, the collective agreement often speaks directly to location, scheduling, and management rights. Grievances move through established processes, and recent arbitration decisions are mixed. In non-union settings, the employment contract and policy history carry more weight, and disputes often turn on whether the employer gave reasonable notice, whether the change is fundamental, and whether accommodation was properly handled.
Job necessity and reasonableness
Employers have stronger footing where in-person presence is clearly tied to job requirements: hands-on training, confidential client interactions, certain lab or maintenance work, or community-facing roles. They’re on shakier ground when the main rationale is “it feels better,” without data. Smart RTO policies connect the dots: collaboration, mentoring newer staff, quality control, or customer service and they explain why specific roles need specific days.
For employers: how to roll out a policy that works
Explain the “why.” Tie attendance to business needs (service, training, collaboration), not nostalgia.
Give lead time. Announce changes with reasonable notice and consider a phase-in or pilot.
Build an accommodation path. Outline how to request adjustments, what information is needed, and the timelines.
For workers: practical steps before you say yes or no
Document the history. Keep examples of approvals or confirmations that remote/hybrid was part of the deal.
Raise accommodation needs early. Be specific, provide the necessary information, and suggest workable solutions.
Get advice before drastic moves. If the change feels fundamental, talk to an employment lawyer before resigning.
This column provides general information, not legal advice. Your situation may require tailored guidance.
About the author: Andre Issa is an Ontario employment lawyer and principal of Vanguard Law, a remote practice serving workers and small employers across Sarnia and beyond. He advises on terminations, policies, and workplace disputes.
