B.C. Appeal Court Upholds Constructive Dismissal in 1 Remote-Work Case
Updated
Updated · CBC Sports · Jun 1
B.C. Appeal Court Upholds Constructive Dismissal in 1 Remote-Work Case
1 articles · Updated · CBC Sports · Jun 1
A mid-May B.C. Court of Appeal ruling upheld that Tracy Parolin was constructively dismissed after Cressey Construction ordered her back to the office full time without notice.
Parolin had worked on a flexible schedule since 2013 after maternity leave and remained remote after 2020 with managers' approval, leading the court to treat that arrangement as a fundamental term of employment.
The company argued no contract term guaranteed full-time remote work, but the trial judge found the change was unilateral and abrupt; the appeal court left that finding intact.
Employment lawyers said the decision does not bar return-to-office mandates, but warns employers not to revoke established remote arrangements too quickly or without clear notice.
As more Canadian employers tighten office attendance, lawyers expect the case to be cited nationally in disputes over whether remote work has become an enforceable job condition.
After a landmark ruling, could your boss be forced to pay for revoking your remote work arrangement?
With courts now protecting remote work, is this the beginning of the end for downtown business districts?
If data shows RTO mandates hurt company performance, why are leaders still demanding a return to the office?
Landmark 2026 BCCA Ruling: Parolin v. Cressey Construction Redefines Remote Work as a Binding Contractual Right
Overview
The British Columbia Court of Appeal’s decision in Parolin v. Cressey Construction (2026 BCCA 199) highlights how remote work arrangements can become binding employment terms. Tracy Parolin had a long-standing, consistently applied, and expressly approved remote work setup with her employer. When Cressey Construction abruptly revoked this arrangement without notice, Parolin claimed constructive dismissal. The court found in her favor, ruling that the employer’s unilateral change to an established remote work agreement amounted to constructive dismissal. This case shows that employers cannot easily alter fundamental work terms that have become part of the employment contract through consistent practice and approval.