Employment Law Show 640 Toronto – S9 E35

Episode Summary

Constructive dismissal, demotions, enforcing vaccinations, and more on Season 9 Episode 35 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Lior shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

I’ve been off work for 6 weeks as a co-worker said I had mistreated them and so I was on a paid suspension. I followed up but I haven’t heard anything.

An employee returning to work from a long suspension could potentially be humiliating. investigations into harassment and mistreatment have to be efficient. In this situation, an employee in Ontario could consider this to be a constructive dismissal as the work environment could become toxic.

I’m a bookkeeper at a dental office for the majority of the time remotely. My employer recently told me they want me to work in the office. What do I do here?

An employer does not have the ability to change the terms of employment in a significant way without the consent of an employee. By refusing to accept the employee’s denial, the employer has effectively terminated employment. Rejecting the change in terms of employment is not considered a resignation.

Can my employer change the length of my shift?

An employer cannot change the length of the shift significantly, minor changes are permitted.

My son works part-time at a dollar store and he is often told to stay later than the end of his scheduled shift. What should he do?

Employees have to be paid for the time they work, even if the time is past the scheduled shift.  Employees can file a complaint with the Ministry of Labour regarding unpaid wages if they are unable to resolve the issue with the employer.

Is my employer allowed to make an employee sign a performance improvement plan?

Performance improvement plans should be read carefully by employees as the plan is typically asking for an employee to receive the plan. Employees who do not agree to an improvement plan should communicate their disagreement with their employer.

My friend works at a factory and his shifts have been cut back. His employer has said they have other employees working these shifts that were previously unavailable. What d they do?

Employers do not have the right to remove or significantly change an employee’s schedule. An employee can choose to accept the change or treat the reduction as constructive dismissal.

Can an employer move you from a regular 9-5 schedule to shift work?

Employers do not have the right to implement significant changes to the terms of employment without an employee’s consent. An employee who refuses to accept the change can treat the shift as constructive dismissal.

Can my employer give me a pay cut due to COVID-19?

Employment laws have not changed due to the pandemic. Legally an employer cannot make significant changes to the terms of employment as a result of COVID-19.

Can my employer disagree with the restrictions my doctor has recommended?

An employer is obligated to accommodate an employee’s medical needs and requirements. Only an employee’s physician can enforce restrictions. If an employer is unable to accommodate, an employee cannot be penalized.

I work for a medical clinic and my manager informed me that if I am not vaccinated by Monday I will be laid off. Can they do this?

If an employer has already implemented health and safety measures in order to prevent potential outbreaks and ensure the workplace is safe, they cannot force employees to be vaccinated. Mandated vaccines could potentially violate an employee’s human rights.

I’m in a management role at a financial institution and received a warning letter in response to an Instagram post. My boss is trying to convince me to take on a different role now. Is this allowed?

Employers cannot demote employees without their consent. A significant change to the terms of employment is considered grounds for constructive dismissal.

Can my employer keep me on a temporary layoff indefinitely?

Many employees across the country are currently on temporary layoffs as a result of COVID-19. Employers do not have the right to put employees on a temporary layoff despite the pandemic; this is considered a termination and employees can choose to seek their severance entitlements.

Can my employer make me work overtime hours?

Generally, an employer does not have the right to enforce overtime hours unless an employee has consented to do so.