Then the pandemic changed everything. The pandemic forced public servants home for their health and safety, giving them a taste of the flexibility and control the government had once said telework could deliver. They liked what they experienced. Then, as the health crisis receded, the government began sending them back to the office.
It took three decades, but the pandemic flipped the argument. Unions began fighting to protect the very thing they once warned against.
But PSAC argues today — like it did back in 1994, when it was waving the red flags — that telework shouldn’t be left to management to decide. It should be negotiated and enshrined in the collective agreement. However, recognizing the benefits of remote work and having a right to it are two different things.
Unions took a lot of heat in 2023 for not getting remote-work rights enshrined in the collective agreement when they signed a letter of agreement to end their strike that year.
But the unions believed they and Treasury Board were on the same page, several labour officials have explained. Hybrid work was here to stay, and they were simply polishing the language to reflect that new reality. No sooner was that deal signed than the cracks in that understanding began to appear.
The language changed. The latest directive in 2025 went from making the case for why telework was good for the public service to simply laying out the rules for when managers could allow it, and left it at that. Now, after public servants have come to value remote work, the government is sending them back to the office with less flexibility than before the pandemic.
Just goes to show: telework has always been about money and power.
The four-day return-to-office was supposed to settle the remote-work question.
But the battle has moved to new fronts: grievances, human-rights cases and legal challenges. No big wins so far, but small ones that together could quietly nudge where you work closer to becoming part of the employment contract.
In the last bargaining round, PSAC focused largely on protecting access to telework through the 2023 letter of agreement. It required case-by-case consideration and written reasons, but said telework was voluntary, required mutual agreement and was not an entitlement.
This time, PSAC isn’t fighting to give everyone a right to work from home. Management can still decide where people work, but the union wants stronger rules around how it exercises that discretion. It’s demanding case-by-case consideration, a 28-day response deadline, detailed written reasons for denials and no arbitrary group caps.
Management’s discretion to decide who can work remotely is now being tested beyond the bargaining table. That’s why a recent labour tribunal ruling over a discrimination complaint is significant.
DUTY TO ACCOMMODATE
The case of the computer engineer
A federal computer engineer with PTSD had worked from home for nearly four years and been promoted twice. When Innovation, Science and Economic Development Canada (ISED) ordered him back, his medical specialists warned the change could trigger a relapse.
The department stuck to its guns, offering a quieter cubicle, noise-cancelling headphones and less busy office days.
The board found ISED had applied the RTO policy with “tunnel vision.” It ordered ISED to pay the engineer $28,000 in damages for pain and suffering and reckless conduct, and it ordered the department to let him work remotely for two more years.
Most importantly, the ruling drove home that “the duty to accommodate trumps the return-to-office order, not the other way around.”
It doesn’t create a general right to work from home. But when a disability creates a barrier to working in the office and telework is the accommodation needed to address it, RTO cannot simply override that duty.
“ISED repeatedly treated telework as a last resort instead of one of many possible accommodation measures in an appropriate case, concluded the ruling.”
The ruling pre-dated four-day RTO, but unions say a big concern is that the mandate has brought a new rigidity to accommodation. Arrangements once handled flexibly may now face a much tougher review. They will be watching.
The ruling also matters because nearly 60 per cent of federal disability claims are now for mental-health conditions, with cancer a distant second. Women account for nearly 75 per cent of approved mental health claims though they make up about 57 per cent of the public service.
And then there’s AI. Bigger questions have begun to loom with AI. Public servants are starting to question what happens to the gains reaped from doing more with less. Bureaucrat Jacob Beaulieu recently wrote about the “time dividend” that previous waves of technology brought: Productivity increased output. But it also led to the advent of the weekend, paid vacation and the eight-hour day. People got more time, not just more work. It was a societal shift.
We’re at one of those junctures. When does a change in how work gets done become part of the employment contract?
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