If you have accommodation requirements related to the return to the workplace, you should make an accommodation request to your supervisor or manager, setting out your specific accommodation needs. Requests for accommodation should be considered by the employer on a case-by-case basis, in accordance with article 36 of the AJC Collective Agreement, and the Canadian Human Rights Act (CHRA).

Accommodation requests can be made, for example, on the protected grounds of family status or disability, such as childcare responsibilities or a health condition which makes you or a family member who you live with or have caregiving responsibilities for has a health condition that makes them vulnerable to Covid-19. This might include a child under five years old who has not yet received their first dose of a Covid-19 vaccine due to vaccine availability, or a child who is under six months old who is not yet eligible for a Covid-19 vaccine. It might also include a request that a member telework on a full-time basis and/or not report to a particular supervisor where they experienced discrimination or harassment in the workplace prior to the pandemic.

Accommodation requests should be supported through appropriate information, such as a summary of reasonable efforts made to secure childcare or medical information from your treating health care practitioner. Medical information should include your functional limitations, as well as an outline of your accommodation needs, it should not include your medical diagnosis.

If you need assistance with your accommodation request, or if your accommodation request is denied, please contact your regional GC Representative for advice and assistance or fill out our online intake form.

The AJC regularly engages with departments and agencies on return to the workplace issues. The AJC shares membership feedback, clarifies expectations surrounding operational requirements and advocates for fairness, transparency and clear communications by management at all levels on return to the workplace plans.

All indications at our national level labour management meetings (NLMCCs) suggest that senior management supports these principles. Regional management should be encouraged to refer to the Guidebook for departments on easing of restrictions: Federal worksites and this FAQ, as well as to reach out to their national labour relations specialists or senior level national management for more information where there are concerns about a return to the workplace plan.

Our members have proven that they can do most of their work virtually, and there is considerable flexibility in the AJC collective agreement to allow for employee preferences in work arrangements and location. Hybrid workplaces are here to stay. If you have questions about what the AJC is doing for its members on return to the workplace issues, please contact your regional GC Representative.

The employer can require you to return to the workplace where there are operational requirements that do not allow you to perform the duties and responsibilities of your position through telework.

For example, a member might be required to return to the workplace one or more days a week where files cannot be removed from the physical workplace for information security reasons. A member might also be required to return to the workplace from time to time for in-person meetings, mentorship and team building exercises.

In our view, these operational requirements must be reasonable and fair, in accordance with article 5.02 of the AJC Collective Agreement, and should not result in arbitrary return to the workplace requirements based on management preference. Articles 13.01(b) and 13.02(b) of the AJC Collective Agreement also permit lawyers reasonable flexibility in making arrangements for hours of work to enable them to balance work and family responsibilities.

If you would like to continue to telework on a full-time basis based on personal preference or increased productivity you can make a request to your supervisor or manager, providing information on how the operational requirements of your position and unit can be met through this arrangement.

If your request to work remotely on a full or part-time basis is refused, or if you believe that a request to return to the workplace is unreasonable or unfair, please ask your manager to provide an operational justification for the requirement in writing. If your manager does not provide sufficient information about why you are required to return to the workplace for operational reasons, please contact your regional GC Representative for advice and assistance or fill out our online intake form. The AJC can also facilitate meetings with a group of members to discuss concerns of this nature as well as possible options to address them, requests for a group meeting can be made through our online intake form.

The employer has an obligation to protect the health and safety of employees under section 240 of the Public Service Labour Relations Act (PSLRA), Part II of the Canadian Labour Code (CLC), and article 26 of the AJC-AJJ Collective Agreement.

The employer follows the guidance of Health Canada’s Public Service Occupational Health Program (PSOHP), whose Occupational Health Advisory helps guide the response of departments and agencies to COVID-19 in their workplaces. In our view, this guidance may not always be sufficient in light of the aerosol transmission of the virus.

Section 128(1) of Part II of the CLC provides for the right to refuse work if you have reasonable cause to believe that a danger exists. Under section 122 (1) of the CLC, 'danger' means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered.

The AJC has continued to advocate for safe and healthy working conditions for our members throughout the pandemic. If you have any concerns about your health and safety on returning to the workplace, you should discuss them with your manager first. If you continue to have concerns, please contact your occupational health and safety representative, or regional GC Representative for advice and assistance or fill out our online intake form.

There are numerous issues related to the future of work in the public service that the AJC is considering. These include, among others, the location of work, the designation of some positions as telework positions, the pay scales attached to positions, professional mobility, occupational health and safety issues, equity issues related to access to remote work as well as opportunities available to remote workers, and the distribution of expenses between employees and the employer for hybrid and remote work arrangements.

If you have questions or comments related to the future of work in the public service, please contact your regional GC Representative.

Yes, the employer is required to provide you with reasonable notice of your return to the workplace so that you can make any arrangements required prior to your return. The length of notice may vary depending on a number of factors, including the operational requirements of your position.

If you believe that you have not been provided with reasonable notice, or require an accommodation, for example, in relation to caregiving responsibilities, please contact your regional GC Representative for advice and assistance or fill out our online intake form.   

Yes, the employer can require you to return to the workplace provided that there are operational requirements for this request, even where you have relocated to another location from which you can’t easily commute during the Covid-19 pandemic.

If you have relocated, we recommend that you approach your manager with a request to telework on a full-time basis as soon as possible. Provide information on your new location, any accommodation needs you may have, as well as a plan for how you intend to meet operational requirements going forward. The success of your request may depend on your proposed telework location.

Some positions may not be suitable for full-time telework from a remote location, for example litigation positions in which you are required to attend court on a regular basis.

If your request for full-time telework is denied, please contact your regional GC Representative for advice and assistance or fill out our online intake form.

Yes, the employer may require you to sign a telework agreement if you choose to continue working from home following the Covid-19 pandemic. This agreement generally sets out the terms and conditions of your telework arrangement as well as its duration.  

If you would like to work from home full-time, we recommend that you reach out to your manager to discuss a possible telework arrangement. If a telework arrangement has been refused, or if you are concerned with the provisions of a telework agreement that you have been asked to sign, please contact your regional GC Representative for advice and assistance or fill out our online intake form.   

Yes, the employer can require you to share an enclosed office space if you choose a hybrid work option, or take away your office space if you choose to telework full-time. Shared office space would likely mean two lawyers using a shared office at different scheduled times. It continues to be our view that an enclosed office space is required for lawyers working in the workplace in order to meet professional responsibilities.

If you are concerned about sharing or losing your enclosed office space, please contact your regional GC Representative for advice and assistance or fill out our online intake form.