Employment lawyer on return to work, gas prices and masks

Interview Summary

As restrictions lift across the province of Ontario, many businesses and employers are preparing to bring back their employees. While some employees are eager to return to a pre-pandemic work environment, many are comfortable working from home or shifting to a hybrid work arrangement. How can employers and employees navigate through an evolving workplace? What rights and obligations do employers have?

An Ottawa employment lawyer at Samfiru Tumarkin LLP, spoke with Global News on the subject of returning to the office and rights that both employees and employers should be aware of.

Interview Notes

If I have childcare obligations, can my employer still request I return to the office post-pandemic?

While employers are within their rights to request employees return to the office if they worked at an office pre-pandemic, they do have to make accommodations for employees with medical conditions or childcare obligations. Employees must exhaust all possible childcare options before stating to their employer that they have to remain at home with their children.

As gas prices are rising, can employees argue that they should be permitted to work from home?

A rise in gas prices is not considered a justifiable reason for employees to remain working at home. Employees have other options for commuting to the workplace but can communicate their concerns with their employer. Employees are also within their rights to raise alternative options for their work arrangement, such as a hybrid work model.

Despite the lifting restrictions, can an employer still insist on masks at the office?

For the time being, Ontario employers can implement masking policies in the workplace as there are still concerns regarding COVID-19. At a certain point in time, however, mask policies will be considered unreasonable and unnecessary. Employers should keep in mind public health recommendations when implementing health and safety policies.