Pandemic Employment Questions: What Next?

With no end in sight for the coronavirus pandemic, employees and employers are raising concerns over wage subsidy programs, returning to work without childcare. A Hamilton employment lawyer at Samfiru Tumarkin LLP joins Billy Kelly on 900 CHML to address these concerns and more.

Points of Discussion:

• What should employees do moving forward with how everything is constantly changing with COVID-19?
  A lot of policies and changes require patience and time as there is no determinate factor for when life will return to normal.
• Are employers balancing out the other 25% of the CEWS payments for employees?
  Most employers are not availing themselves of this program as they might not qualify.
• Has the shift to intense evaluations for CERB and potential consequences deterred people from applying?
  It is still a fairly simple process for CERB however the wage subsidy program is harder to qualify.
  
• If your employer decides not to balance the rest of your wages not covered by the subsidy, what are my options?
  An employee can accept this current pay deferral but have it reimbursed at a later date however they can also pursue a constructive dismissal and severance package.
• If an organization has charitable status, does that change employee rights in terms of a layoff?
  If a worker had a fixed-term contract and is terminated partway through the contract, they are still owed the balance.
• If the school schedule in the fall does not allow parents to return to work full time, will employers have to adjust for employees?
  If unable to secure childcare, an employer has to accommodate their employees however there will be limitations.
• Can my employer terminate my employment if I am unable to return to work without childcare?
  Childcare obligations are protected under the human rights code.