In a decision released on May 16, 2025, involving the International Development Research Centre (“IDRC”) and the Public Service Alliance of Canada (“PSAC”), Arbitrator Kathleen G. O’Neil (“Arbitrator”) dismissed PSAC’s Policy Grievance challenging the portion of IDRC’s Telework Policy requiring employees to be in attendance at IDRC’s offices regularly, at least three (3) full days per 10-day period.
The Arbitrator concluded that IDRC is allowed under its management rights clause to direct where and when employees work, including setting specific attendance requirements, unless the collective agreement restricts this. The collective agreement in this case contains a telework provision setting out, in part, that telework is subject to operational requirements and that telework requests shall not be unreasonably denied. The Arbitrator found that the minimum workplace attendance requirement is consistent with the collective agreement, because IDRC’s Telework Policy allows for exceptions, and therefore provides for the consideration of requests for telework beyond three (3) full days per 10-day period, thus complying with the wording of the collective agreement in that respect.
The Arbitrator further found that the minimum workplace attendance requirement is reasonable because it provides for the consideration of exemptions. Whether or not the discretion is exercised in a reasonable manner is a question for individual grievances.
Ultimately, the Arbitrator was of the view that IDRC is entitled to set an office standard and to remove managerial discretion up to that standard but cannot remove discretion to consider telework requests beyond that standard given the language “shall not be unreasonably denied”.
IDRC was successfully represented by Emond Harnden’s Céline Delorme and Jean-Michel Richardson.
In Our View
The decision provides helpful insight into an employer’s rights to direct where and when work is to be done, including the setting of a numerical office attendance standard, but also provides helpful insight into an employer’s obligations when faced with collective agreement language providing that telework requests shall not be unreasonably denied or other language that would fetter an employer’s management rights in that respect.
For more information, please contact Céline Delorme at cdelorme@ehlaw.ca or Jean-Michel Richardson at jmrichardson@ehlaw.ca