Work: What’s Next | Changes to your job due to COVID-19

Interview Summary

As the pandemic continues, the workplace has had to constantly adapt to changing public health measures. Employers and employees are wondering how best to protect their rights. What options do employees have in regards to privacy, health and safety and benefits?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News on the Work What’s Next segment to answer these questions and more.

Interview Notes

What do employees need to know regarding the IDEL extension?

The Infectious Disease Emergency Leave was created by the Ontario provincial government in spring 2020 and allowed employers to lay off employees without any repercussions. While the initial layoff period was due to expire this September, it has been extended again to January 2022. Employees who have been on a temporary layoff could potentially have been without employment for almost two years. Employees do not have to continue to accept this temporary layoff and can treat it as termination and pursue their severance entitlements.

How much flexibility does an employer have in making changes to the terms of employment?

Many employers have made dramatic changes to their employee’s schedules, compensation and workload. Despite the pandemic, employers do not have the right to make significant changes to the terms of employment without the consent of an employee. Major changes can lead to constructive dismissal and an employee is then able to treat the changes as termination and pursue severance.

LEARN MORE
Severance Pay in Ontario
COVID-19 Knowledge Centre

How should employers approach making changes to terms of employment?

Employers need to ensure that there is a proper employment agreement in place that allows certain flexibilities and advance notice of changes that would otherwise not be legal. Employees who face changes made to the terms of employment should ensure that there is a record of their acceptance of changes but only for a temporary period of time. Employees who do not properly communicate the temporary nature of proposed changes can be considered to have accepted new terms of employment permanently.