Work: What’s Next | Chapman’s vaccine pay raise and relocating during COVID-19

Interview Summary

Workplaces across the province have implemented vaccine policies that have left some employees worried about the future of their employment and their rights to financial benefits. Some employers have taken vaccine mandates a step further and offered compensation and other incentives to employees to get vaccinated. Is this legal? What are employee rights in regards to vaccine incentives and pay increases?

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

Interview Notes

Can Chapman’s Ice cream legally offer a pay increase for vaccinated staff?

It is problematic when an employer provides a benefit to a certain group of individuals and not others; this can be seen as discriminatory. It is possibly a human rights violation that Chapaman’s employees who are unable to be vaccinated would be exempt from the wage increase. Equal pay for equal work legislation could also be impacted as a result of this incentive.

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Chapman’s Ice Cream on firing unvaccinated employees and pay raises

How can workplaces legally incentivize vaccination for employees?

Employers should focus on incentives rather than penalizing employees who are not vaccinated. Incentives should also be provided to employees who are unable to be vaccinated due to medical or religious exemptions.

Can employers reduce pay for employees who have relocated during the pandemic?

Many employers have reduced employee’s compensation as a result of working remotely over the past year, however, they are not necessarily permitted to do so. Employers can offer their employees the choice between returning to the office or working remotely with a different pay structure. Employers would be permitted to reduce an employee’s pay only if an employee consents to do so and has the choice of a pay reduction.

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Alex Lucifero, CTV News, Working remotely and pay cuts

What can employees do if their pay has been reduced due to moving to a low-cost area?

A major reduction in pay that has not been consented to can lead to constructive dismissal for employees. Employers who impose significant changes to an employee’s position have breached the terms of employment and effectively terminated the employee. Employees in this situation can pursue their severance entitlements after consulting with an employment lawyer.