Return to the Workplace

Under what circumstances can my employer require that I return to the office? Can the employer impose a minimum number of days?

The employer can require you to return to the workplace where there are operational requirements that do not allow you to perform the duties and responsibilities of your position through telework.

For example, a member might be required to return to the workplace one or more days a week where files cannot be removed from the physical workplace for information security reasons. A member might also be required to return to the workplace from time to time for in-person meetings, mentorship and team building exercises.

Am I entitled to notice of my return to the workplace?

Yes, the employer is required to provide you with reasonable notice of your return to the workplace so that you can make any arrangements required prior to your return. The length of notice may vary depending on a number of factors, including the operational requirements of your position.

If I want to continue working from home, will I be required to sign a telework agreement?

Yes, the employer may require you to sign a telework agreement if you choose to continue working from home following the Covid-19 pandemic. This agreement generally sets out the terms and conditions of your telework arrangement as well as its duration.

I have accommodation requirements related to the return to the workplace, how can I get support in making an accommodation request?

If you have accommodation requirements related to the return to the workplace, you should make an accommodation request to your supervisor or manager, setting out your specific accommodation needs. Requests for accommodation should be considered by the employer on a case-by-case basis, in accordance with article 36 of the AJC Collective Agreement, and the Canadian Human Rights Act (CHRA).

I am concerned about occupational health and safety issues on returning to the workplace. How can I find out more about precautions that the employer has put in place? What can I do if I still feel unsafe about returning to the workplace?

The employer has an obligation to protect the health and safety of employees under section 240 of the Public Service Labour Relations Act (PSLRA), Part II of the Canadian Labour Code (CLC), and article 26 of the AJC-AJJ Collective Agreement.

I have relocated during the Covid-19 pandemic, and am no longer able to commute, can the employer require me to return to the workplace?

Yes, the employer can require you to return to the workplace provided that there are operational requirements for this request, even where you have relocated to another location from which you can’t easily commute during the Covid-19 pandemic.

Can the employer require me to share an enclosed office space if I choose a hybrid work option or take my office space away if I choose to telework full-time?

Yes, the employer can require you to share an enclosed office space if you choose a hybrid work option, or take away your office space if you choose to telework full-time. Shared office space would likely mean two lawyers using a shared office at different scheduled times. It continues to be our view that an enclosed office space is required for lawyers working in the workplace in order to meet professional responsibilities.

What is the AJC doing for its members on return to the workplace issues?

The AJC regularly engages with departments and agencies on return to the workplace issues. The AJC shares membership feedback, clarifies expectations surrounding operational requirements and advocates for fairness, transparency and clear communications by management at all levels on return to the workplace plans.

What issues are the AJC considering in relation to the future of work?

There are numerous issues related to the future of work in the public service that the AJC is considering. These include, among others, the location of work, the designation of some positions as telework positions, the pay scales attached to positions, professional mobility, occupational health and safety issues, equity issues related to access to remote work as well as opportunities available to remote workers, and the distribution of expenses between employees and the employer for hybrid and remote work arrangements.