Toronto employment lawyer on negotiating a return to the office

Interview Summary

Employees across the province have been working from home during the pandemic but as restrictions have been removed, employers have requested employees return to the office. Can an employee insist on working remotely despite a return to normalcy? What are an employer’s obligations?

Fiona Martyn, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joins Kelly Cutrara on 640 Toronto to answer these questions and more on working from home.

Interview Notes

• Working from home rules changed as a result of COVID-19: Employment laws have not changed despite the pandemic. An employer in Ontario can ensure that an employee returns to the office if their understanding was that prior to the pandemic, employees would work at the physical workplace.
• Medical grounds for an employee to work from home: Employees have to have support from their doctor in order to justify a duty to accommodate working remotely by an employer.
• Advantages for employers allowing employees to work remotely: Practically speaking, fewer employees in the workplace would ensure a need for less rented office space. Employers could also benefit by retaining talent and a lower employee turnover as many businesses are struggling with a labour shortage.
• Returning to the office amidst another wave of COVID-19: There have been many waves since the start of the pandemic but more employees seem to be comfortable returning to the office as vaccinations have been implemented and restrictions have lfited.