Planning an Employee Recall? Well, Good Luck with That

If ordered to return full time to the office from remote work, more than a third of Canadian respondents indicated they would start seeking another job. This article examines the risks involved with issuing an employee recall and offers advice on how to mitigate them. Perhaps to the surprise of workers, they do not have the right to dictate where they work. However, forcing employees to utilize the physical workplace has become more complicated because so many people have been working remotely for almost two years. Workers who have been working from home may try to allege that a mandated return to the office amounts to a constructive dismissal. Forcing people to give up workplace flexibility against their will can prove costly, especially when labour is in high demand. Having appropriate safety plans in place will help mitigate against any potential work refusals under workers’ compensation and/or occupational health and safety legislation. Whether employers like it or not, the pandemic has changed how many people think about work, and for many the flexibility that COVID-19 forced upon the workplace has become non-negotiable. Nevertheless, if employers wish to recall workers and try to resume their pre-pandemic operations, they can do so. As they attempt to move back to the future, they need to be aware of the risks and minimize them with appropriate policies.