Employment Law Show 980 CKNW – S5 E20

Episode Summary

Returning to the office, vacation entitlements, vaccines, and more on Season 5 Episode 20 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Listen below as Employment Lawyer Lior Samfiru, Co-founding Partner at Samfiru Tumarkin LLP, reveals your workplace rights in British Columbia on the Employment Law Show. Lia shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, and more.

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Episode Notes

I’ve been working remotely for the past year. My employer is calling me back to work. Can I request to remain at home?

Employees who worked at a physical workplace before the pandemic are required to return to the office if their employer requests them to do so. Employees who refuse to return can be considered to have resigned or abandoned their job. Employees who do not have childcare, or employees with a medical condition, can ask for accommodations from their employer.

My boss has informed me that I have to get a COVID-19 vaccine or I will be terminated. Is this legal?

Employers cannot mandate vaccinations in the workplace or demand an employee get vaccinated. Employees who have not been vaccinated cannot be penalized by their employers. Employers can implement other health and safety measures in order to maintain a safe workplace.

I was given a termination letter that offers 27 weeks severance after 13 years with my company. Should I contact an employment lawyer?

Severance is not calculated based on a week per year basis but on a number of factors such as the age of the employee, the length of employment and the position of the employee. Long service employees are typically owed more severance.

LEARN MORE
• Severance Pay in BC
• Severance Pay Alberta
• Severance pay in Ontario

I’ve been on stress leave for 2 months but I’m worried about how I will be treated upon my return. What do I do?

An employer has an obligation to provide a healthy and safe work environment free of harassment for all employees. Employers who do not address concerns of harassment are effectively terminating an individual’s employment. It is important for employees who allege workplace harassment to document all incidents of bullying and abuse.

Can an employer force you to use vacation days while working remotely?

Employers are permitted to schedule an employee’s vacation days throughout the year.

Is it legal for employers not to pay overtime?

Employees that are in a position that qualifies for overtime are entitled to the pay from their employers. Employers cannot withhold overtime pay from their employees. Employees who have not been compensated should file a complaint with the Employment Standards Branch. Some positions, such as managers, are not entitled to overtime pay.

How are mechanics in the automotive industry compensated? Is there a standard rate of pay?

Mechanics cannot make less than minimum wage for the amount of time they work for each job, even if the workers work at a flat rate.

I’m turning 70 and my employer is about to cut my benefits. Can they do this?

Employers do not have the right to implement significant changes to the terms of employment without an employee’s consent. A major reduction in pay or removal of benefits is considered to be a major change and can lead to constructive dismissal.

I had an injury at work that required surgery. After treatment, I eventually was able to resume working but now my injury seems to have become aggravated. What are my options?

If an employee has a medical condition supported by their doctor, their employer has a duty to accommodate that employee. A failure to do so can be considered a human rights violation. Employees who were on long-term disability but are unsuccessful in returning to the workplace typically should be able to resume disability benefits.

I’ve worked for my employer for 5 years and have been told my job will end in 6 months. In the months leading to termination, my hours will be reduced. Can they do that?

Employers are within their rights to give employees working notice. However, the terms of employment during the working notice period cannot be changed significantly. A major reduction in hours and compensation without an employee’s consent can lead to constructive dismissal. Employees who have been constructively dismissed are entitled to their full severance entitlements.

I’ve just returned to work from a disability leave but my employer doesn’t believe I’m able to work. What can I do?

Watch to Learn More
Disability Law Show Season 3 – 3 Things in your doctors report that strength an LTD Claim

Employees who are returning from work should communicate with their doctor and provide their employer with confirmation that they are ready to return. Employers cannot refuse employees who are able to return to work after a medical leave.