COVID

Returning to the office post-pandemic

A headshot of Canadian employment lawyer Lior Samfiru next to the Samfiru Tumarkin LLP and CBC News logos.

As the COVID-19 pandemic continues, many employees across the country continue to work from home. However, with vaccinations rising and the possibility of the end of the pandemic looming, questions regarding returning to a state of normalcy and return to the office have arisen.

Lior Samfiru, a Toronto employment lawyer and co-founding partner at Samfiru Tumarkin LLP joins Cross Country Checkup on CBC Radio One’s Ian Hanomansing to answer these questions and more.

What They Discussed

Will employees legally be allowed to request to work from home post-pandemic?

Employers are within their rights to request employees to return to the workplace post-pandemic. Employees will have to return to the office if requested by their employer; a refusal to do so would be considered a resignation. However, employers do not have a right to impose a working from home dynamic for employees who wish to return to the office.

Will employment laws change as a result of COVID-19?

As the pandemic was unprecedented and there have been many situations in which employers and employees have no prior knowledge, there could possibly be changes made in the future. This is particularly relevant when discusses COVID-19 vaccinations and the ability to impose mandatory vaccines.

What should employees who might be moving to a permanent work-from-home status expect in regards to their rights?

Employees should question what they will need in order to continue working from home effectively, such as possible equipment, additional expenses, etc, and who will ultimately be responsible financially.

Are employees who work from home obligated to inform their employers of their location?

Employees should inform their employers if they have relocated to a different province or country as there are different laws that an employer is obligated to.

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