WORKPLACE BY REBECCA MELNYK
LEGAL DILEMMAS IN THE HYBRID WORKPLACE
Almost two-thirds of Canadian workers indicated they prefer hybrid or remote workplaces in an Accenture survey last year. A more recent Ipsos poll in May 2022 found one-in-three workers would change jobs if their employers mandated an exclusive return to the office. Organizations are fashioning work models that reflect flexible and remote preferences. Along with this culture shift comes new legal considerations and best practices for safe, equitable spaces.
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ome employees may need additional support to succeed in a hybrid workplace, whether it’s because of protected grounds under human rights legislation or performance needs, says Maddie Axelrod, a labour and employment lawyer with Borden Ladner Gervais LLP. She was speaking in April during a webinar on the topic.
Companies may likely field various concerns around inclusivity. There could be animosity from workers who are required in the office versus their teleworking colleagues. Employees who’ve gone remote might also feel detached from the physical workplace. “Equitable treatment on the team is important for obvious reasons like team morale,” says Axelrod. “We also know there’s a challenge with
recruitment and retention right now. People may not want to return to work and join an office where they feel they’re not part of a cohesive team.” She advises employers to listen and survey for input and develop policies and practices that account for various types of work—for instance, building a hybrid model into promotion decisions. “If you have more traditional markers of success or commitment and you’re shifting into a hybrid workplace, give some thoughts as to whether you need to adjust those metrics to match,” says Axelrod. “Have you traditionally been rewarding people who spent most time in the office and are you no longer going to be doing that?”
