Employer Fall Cleanup – Updates to Policies and Employment Agreements

It’s that time of the year again! And with the fall comes a need to review what we have in place, declutter and get ready for busy seasons, it might be a great time to consider what workplace policies, practices and employment agreements need to be updated, supplemented or replaced. Current recent caselaw throughout Canada has suggested that employers should review their existing employment agreements to ensure they are enforceable when it matters.

Employment Contracts: Existing and New Hire

Existing and new hire employee contracts should be reviewed to ensure they appropriately address various issues which the COVID-19 pandemic had brought to the forefront, such as work from home arrangements, return to the office scenarios, temporary layoffs and the potential for constructive dismissal claims.

Employers will want to ensure their employment contracts have legally enforceable termination provisions as well as provisions regarding the employer’s ability to change duties, compensation, and work location. Many employers are now facing civil claims of constructive dismissal from the temporary layoffs that were done since March of 2020, and some of these claims for long serving senior employees can be very expensive. All contracts should be reviewed to ensure they accurately reflect the current state of the terms and conditions of employment and updated terms and policies.

Return to the Office / End of Work from Home or Hybrid Terms Policies

While employers may be eager to have their team members back in cubicles or other more formal workspaces, they would be wise to:

• Conduct updated hazard assessments to determine the relative risks and necessary controls to ensure a safe and healthy work environment and whether the return itself could be a fundamental change in the terms and conditions of employment.
• Personalize the communication on return to work expectations, including timing and frequency of in-office attendance. Through an individualized phone call or personalized meeting, employers can mitigate the pitfalls of not allowing sufficient time to arrange child or elder care and allow employees to privately share relevant information on any concerns or other potential barriers to a return to an employer’s worksite.
• Consider whether the return to a formal worksite will be on a full-time basis or as a part of a hybrid approach. Also, if it will be staged and be a ramp up as opposed to an abrupt change. Psychological safety considerations being addressed are important from a legalistic and humanistic perspective. Some employees may experience anxiety, and some of those may go from feeling anxious to even experiencing clinical anxiety that requires treatment from a medical professional. Reminding employees of any EAP and/or other health benefits can assist also.

Some employees may consider a recall to the office or another worksite a change in their terms and conditions of employment and allege constructive dismissal and we recommend consulting with legal counsel to discuss the risks associated with doing so.

Remote Work from Home Policies

Remote work or a hybrid of remote and in office work may still be appropriate in your workplace. Work from home policies should be reviewed to ensure they address mandatory and/or optional work from home arrangements and considerations related to security, privacy, compensation adjustments and acceptable use of company equipment.

Employers should be clear as to whether the work from home arrangement will be temporary or permanent, or whether the employer intends to make the policy permanent or a hybrid of the two. The clearer you can be now, the less trouble the parties will find themselves in later should the work environment shift once again.

Contact and Flat Fee Services

These crazy times are continually evolving for employees and employers and the legislation, caselaw and rules related to employment law in Alberta can be confusing. Please contact me to discuss your employment needs at knutz@west-legal.ca and we can definitely sort it out.

For the months of September and October, 2026, I am packaging up these services for a simple flat fee, so please reach out and let’s get that fall review and declutter done!