Employee rights when returning to the office post COVID-19

Interview Summary

As Ontario moves closer to the next phase in the pandemic, many employees and employers are questioning what the workplace will look like. Will employees be forced to return to the physical workplace? What rights do employees have to continue to work remotely?

Alex Lucifero, an employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins John Oakley on Global News Radio 640 Toronto to answer these questions and more.

Interview Notes

Can an employer demand an employee return to the office?

Employers are permitted to request employees return to the office despite working remotely during the pandemic. While legally employers have this right, employers will have to consider the wellbeing of their employees and the overall productivity of employees who have been working remotely. Employees who wish to continue to work remotely should communicate and negotiate with their employers.

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Lior Samfiru on employee rights when returning to work

Who sets the health and safety standards of the workplace post-pandemic?

Employers have an obligation to provide a healthy and safe work environment to all employees. Employers will have to implement measures dictated by public health units. Employers will also have to accommodate employees who have medical conditions or are immune-compromised.

Can employers change an employee’s compensation if they decide to work remotely?

There is currently no precedent for an employee’s salary being reduced due to a changing work environment. Employers could have the argument to pay employees working from home less than those working at the office. Employers should remember that a significant reduction in pay can be considered grounds for constructive dismissal as it is a change to an employee’s terms of employment.

Do fully vaccinated employees have the right to raise health and safety concerns in the workplace?

Employers cannot penalize or terminate an employee for their vaccination status as it is considered discriminatory. Employers and employees should be careful regarding issues regarding an employee’s human rights and vaccination status. Employers who are unaware of their rights should speak to an employment lawyer.