Alex Lucifero, CTV News, on working remotely and pay reductions

Interview Summary

With more employers and employees shifting to remote work or a hybrid work model, questions concerning pay reductions, as a result, have arisen. Can employers reduce pay without an employee’s consent? What can employees who wish to remain working from home do to enforce their rights?

Alex Lucifero, an Ottawa employment lawyer and Partner at Samfiru Tumarkin LLP joins Matt Skube on CTV News Ottawa to discuss remote working and possible pay reductions.

Interview Notes

Can an employer force an employee who has been working remotely to return to the workplace?

For employees that have been working remotely purely due to the pandemic, an employer can request an employee to return to the workplace. Employees that have always worked remotely, however, cannot have the terms of their employment changed and be forced back to the office.

Is a company allowed to cut somebody’s pay if they decide to continue working remotely on a permanent basis?

Employers are legally not permitted to cut an employee’s pay without their consent. A major reduction in pay is considered a reason for constructive dismissal. Employees can choose to refuse the change to the terms of their employment and if the reduction is forced upon them, treat the change as termination of their employment. Employees in this situation would be able to then pursue their severance entitlements.

MORE INFORMATION
• Can my employer cut my pay if I continue to work remotely?
• How much severance pay can you get in Ontario?

Can an employee choose to accept a pay reduction?

While an employee can choose to accept a pay reduction, it is not advisable and unlikely to occur. Employees do have rights and protections and do not have to accept a reduction in order to work remotely.