COVID-19: What should business owners know?

While many employees have struggled to navigate the workplace and their rights during the pandemic, business owners and employers have also been under immense pressure to do right by their employees.

In a discussion with Greg Goernert, a wealth management advisor at Canaccord, a Vancouver employment lawyer at Samfiru Tumarkin LLP advises employers on their legal obligation during COVID-19.

What They Discussed

• 1:50 A lot of elements of employment law, prior to COVID-19 have remained the same
• 2:45 What are some tips for employers to remain conscious of from a legal perspective?
  • There are obligations for health and safety for employers under WorkSafeBC which have great guidelines for what a workplace needs to be safe i.e. having a documented COVID-19 plan
  • 5:56 Typically under the Employment Standards Act an employee can be placed on a layoff for 13 weeks which has been extended now to 24 weeks; unfortunately as of Aug 30^th in BC, the extension has expired.
  • 7:15 Employers can petition and apply to the Employment Standards branch to allow for an extension of the temporary layoff period, with the consent of 50% of your employees
• 9:05 What has been a frequent concern from employers and employees during this time?
  • Most people are trying to do their best but the prevalent issue has been an unawareness; employers making decisions without legal advice is not ideal.
  • 11:40 A lot of businesses have been forced to pivot and restructure however some jobs have been eliminated or restricted which can lead to a constructive dismissal.
  • 14:00 With a possible second wave and further layoffs or terminations on the horizon, it is important for employers to have employment agreements that protect their business.