Work: What’s Next | Employment law misconceptions during COVID-19

Interview Summary

As more businesses open and employees prepare to return to the workplace, there are many misconceptions regarding employment laws and rights as a result of the pandemic. What has changed at the office as a result of COVID-19? What can employers expect with new health and safety measures in place?

Lior Samfiru, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Global News to answer questions regarding the current myths surrounding employment rights.

Interview Notes

Does my employer get to decide whether all employees need to be vaccinated?

Employers have to comply with human rights legislation and it is in fact a myth that employers are allowed to implement mandatory vaccine policies in the workplace without government support. There are few government mandates regarding vaccinations in Ontario currently. Employers who implement vaccine mandates could potentially be liable to legal action from their employees.

Will I lose my severance entitlements if I do not accept my employer’s offer by their deadline?

It is a misconception and myth that an employee has to accept a severance offer by a specific deadline. Employers often impose deadlines with their severance offers in order to pressure employees to accept the package and assume an employee will not question the accuracy of the offer. Employees have up to two years after the date of termination to pursue their entitlements.

Does my employer have the right to change my job duties, pay or job location?

Many employees are returning to jobs after a layoff to positions that differ significantly from the pre-pandemic workplace. Despite COVID-19, employers do not have the right to change the terms of employment in a major way, such as a reduction in pay or a different schedule. Employees do not have to accept these changes and if a compromise cannot be met, can pursue constructive dismissal.

Can my employer lay me off temporarily or put me on a leave of absence if I don’t get vaccinated or if the company is struggling?

A common misconception has become that due to the pandemic, employers now have the right to lay off employees temporarily. This is a myth and in fact, a layoff can still be treated as termination and employees are within their rights to pursue severance. Unpaid leaves as a result of vaccination status can also be treated as termination, and employers should be wary of penalizing employees based on their vaccination status.