Telework: workplace attendance required to foster a sense of belonging

The union is contesting the employer's decision requiring employees, who have been teleworking since the beginning of the pandemic, to be present one day per week at its offices. Unless otherwise specified in the collective agreement, the right to determine the place where work is performed is one of the attributes of the employer’s management rights. In this case, the collective agreement does not allow telework at all times, nor does it contain any waiver of the employer’s right to determine where employees will perform their work. The employer exercised its management rights in compliance with the collective agreement, the Letter of understanding and the Cadre de référence, and its decision to impose attendance at work one day per week was reasonable, particularly in light of its desire to develop its corporate culture and employees' sense of belonging. This is not a rushed decision, imposed without reason or consideration. The grievance is dismissed.

Syndicat des salariés de SSQ, Société d'assurances générales et SSQ, Société d'assurance-vie inc. (Beneva)
2023EXPT-1222, 2023 QCTA 239, M^e Hélène Bédard