Management rights did not allow the imposition of remote work

The union accuses the employer for having imposed remote work on employees during renovations on its premises. It claims that this violates the right to privacy and the collective agreement. The employer argues that its decision falls within its management rights. According to the arbitrator, the employer violated employees’ right to privacy by imposing remote work without individual or collective renunciation, the residence being the primary place of private life. The employer’s management right allows authorization of remote work but not its imposition. The employer also breached the collective agreement by failing to provide a workplace compatible with the engineers’ duties. The arbitrator concluded that these changes were part of the employer’s normal operations and were not subject to section 59 of the Labour Code. Although the employer’s decision is incorrect, it is not abusive nor discriminatory. The employer must provide the engineers with a workplace that is compatible with their duties.

Association professionnelle des ingénieurs du gouvernement du Québec et Gouvernement du Québec – Fonds des réseaux de transport terrestre (Ministère des Transports et de la Mobilité durable)
2025EXPT-2378, 2025 QCTA 493, Mtre Éric-Jan Zubrzycki