Four years after the COVID-19 pandemic created a tidal wave of change across Canada, workplaces continue to grapple with its long-term impacts and the evolving legal landscape it reshaped.
Work locations
In the post-pandemic landscape, hybrid work has become the new norm.
Early in the pandemic, remote work was widely embraced, but now many employers are pulling back and mandating more in-office days. The federal government, for instance, now mandates civil servants to work in the office at least three days a week, with some executives required to be present four days. The private sector is following suit: a large insurance company recently increased its in-office requirement to three days a week, and a major telecommunications company has introduced similar policies for its call center employees, offering severance packages to those who refuse to comply.
These shifts reflect a broader change in labour dynamics since COVID-19. During the pandemic, industries requiring close physical proximity, particularly in healthcare, customer service, and travel, were heavily impacted. Now, workplaces that rely on direct contact are seeing a push towards automation to reduce person-to-person interactions and save labour costs. In contrast, jobs with low physical proximity, such as those in tech or remote-friendly fields, have gained popularity and are likely to see steady growth among those who prefer the flexibility of remote work.
Guidance on pandemic-related workplace policies
The COVID-19 pandemic led many employers to introduce new workplace policies, including mandatory masking and vaccinations. In response, several employees filed complaints with the human rights commission, arguing these policies infringed on protected grounds. Over the past year, however, human rights commissions have dismissed a high percentage of these complaints- up to 90% in some areas — highlighting a clear trend. While each case is fact-specific, many of these complaints have failed because claimants were unable to prove that their objections were rooted in religious tenets rather than personal beliefs.
Courts have also started to release decisions with respect to pandemic-related workplace policies. In Escobar v. Ocean Pacific Hotels Ltd., 2024 BCSC 1575, the British Columbia Supreme Court determined that a Vancouver hotel had fundamentally breached its employment contracts by stopping shift assignments for hourly workers during the COVID-19 pandemic. This ruling, made in a class action context, highlights that an employer’s actions, even if motivated by legitimate business or financial concerns, can amount to constructive dismissal, requiring them to pay damages for wrongful termination.
In Alberta, by contrast, Van Hee v. Glenmore Inn Holdings Ltd., 2023 ABCJ 244, involved a long-term server who refused to comply with her employer’s COVID-19 vaccination policy, claiming it led to her constructive dismissal. Lacking a medical exemption, she was placed on unpaid leave in 2021. The Alberta Court of Justice dismissed her claim, finding that the hotel’s vaccination policy was a reasonable and justified measure given the “extraordinary circumstances” of the pandemic.
Job demand
One of the more challenging post-COVID workplace trends is the shift in job demand. Low-wage roles in customer and food service have declined, while warehousing, healthcare, and high-wage positions are on the rise. Many displaced workers may need to transition to higher-wage, skill-intensive roles. This trend is particularly pronounced in advanced economies, where the demand for high-wage roles post-pandemic has increased by as much as 25%. As a result, nearly 100 million workers globally may need to transition occupations by 2030, reflecting a complex challenge for the future labour market.
Despite the increase in in-office mandates, many employees, unions, and advocacy groups continue to push for remote work, citing its productivity benefits and work-life balance advantages. Some unions have even taken legal action, successfully securing a temporary injunction against new in-office policies. However, the trend remains clear: more organizations are placing a premium on in-person collaboration over remote flexibility, though exceptions and adaptable arrangements still exist.
In summary, the workplace continues to evolve, influenced by hybrid work models, pandemic safety precedents, and the growing role of automation. Each organization is finding its balance between flexibility and collaboration, preparing for a future where the demands of work, technology, and productivity continually intersect.
