Lior Samfiru on back to office mandates with 640 Toronto

Interview Summary

As the summer ends, many employers have requested employees return to the office. Hybrid and remote work arrangements have led to much more flexibility for employees and many do not wish to return full-time. Are employees entitled to remain working from home? What options do employers have?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joined Kelly Cutrara on 640 Toronto to answer these questions.

Interview Notes

• Rights of employees: For many employees, working remotely has become an implied term of employment due to the longevity of the working arrangement. Employees who have worked from home for over a year past the height of the pandemic, and return to normalcy, could be owed severance if terminated.
• Employer argument for returning to office: Employers should consider when restrictions were lifted and most workplaces were normalized. Employers will have difficulty proposing a return to a previous work arrangement if they are only choosing to do so now.
• Employees hired during the pandemic: Employees who were hired during the pandemic to work remotely, should expect to continue to do so. Employers cannot change a fundamental element of their employment without consent. Employees can look closely at the terms of their employment contract to determine their rights.
• Longevity of remote work: Employers and employees should consider the context of their workplaces. Some businesses are better suited for hybrid work arrangements than others. Flexibility seems to have become vital to employees in order to avoid burnout and workplace morale.