As many employers continue to implement or reinforce return-to-office policies in the years following the COVID-19 pandemic, a recent decision of the British Columbia Court of Appeal serves as an important reminder of the legal risks that can arise when altering established remote work arrangements. In Cressey Construction Corporation v. Parolin, 2026 BCCA 199, the Court confirmed that a long-standing work-from-home arrangement may become an enforceable term of employment and that an employer’s unilateral decision to revoke that arrangement can amount to constructive dismissal.
Parolin was a former employee of Cressey Construction Corporation (“Cressey”) who held the role of Director of Marketing. During her tenure with Cressey, the terms of her employment contract were established orally. At the outset of the COVID-19 pandemic in March 2020, Parolin, like many other Cressey employees, began working from home and continued to do so after the pandemic due to health concerns related to one of her children.
In May 2023, Cressey directed Parolin to return to in-office work full-time. Parolin concluded that she had been constructively dismissed and commenced an action arising from the in-office mandate.