In Hagholm v Coreiro ( 2017 ONSC 7713) Sloan J. had a situation where a 59 year old Manager of Consulting Services who for 22 years had been able to work at home 3 days a week and only came to to the office the other two days . Then out of the blue, the Employer said now you must come to the office 5 days a week . She said no and quit and sued for constructive dismissal . Her commute was 110 km one way.
The Court found that it was essential term of her agreement that she be able to work at home 60% of the time and that the employer’s unilateral change was a constructive dismissal , warranting a 22 month notice period.