Lior Samfiru on employee rights when returning to work

Interview Summary

As Ontario remains under a stay-at-home order, employers across the province have urged employees to work from home. While working remotely, employees and employers have had to navigate new obstacles and adapt to a different workplace.

What will employers be able to request when employees finally return to the office? Will employees be allowed to remain working remotely? Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News Morning to explore what the workplace will look like when employees can return safely.

Interview Notes

When the pandemic finally ends, do employers have a right to order employees back to the office?

As COVID-19 is a very unique situation, employers and employees can expect the status quo will resume after the pandemic ends. Employers can require employees to return to their previous working arrangements. Employees that want to remain at home might not be able to request to remain working remotely.

How do overtime hours and compensation come into play when working from home?

There is a difficulty in monitoring employees while working from home. Technology, however, has allowed employers to ensure employees work productively. As a result of being able to monitor employee efficiency, the same rules of overtime pay and compensation apply to employees who work from home.

When employees do return to the workplace, what can they expect from employers in regards to health and safety and sick days?

Employers will have to adapt to a new workplace and remain aware of what proper health and safety protocols are in order to maintain a healthy and safe environment. There could also be discussions between an employer and employees on working remotely and the privacy concerns that arise over tracking software, compensation, etc.

Will employers be able to mandate vaccinations in the workplace?

The government of Ontario ultimately has the power to mandate vaccinations, generally, employers do not have the legal right to do so.