A flexible workplace and employee rights post-COVID-19

Interview Summary

As COVID-19 numbers continue to decrease and public health measures are slowly removed across the province, a return to normalcy seems to be closer than ever. For many businesses, employers are preparing to return to pre-pandemic operations. What will the workplace look like with a return to the office?

Lluc Cerda, an employment lawyer and Associate at Samfiru Tumarkin LLP joins Daryl McIntyre on Global News Radio 630 CHED to discuss employee rights and employer obligations post-COVID-19.

Interview Notes

What are the next steps for the workplace post-COVID-19?

Legally, an employee who has worked remotely during the pandemic can be told to return to the workplace when health restrictions permit it. An employer is within their rights to ask employees to return to the office.

Will an employee’s initial employment contract factor into their future working arrangements?

An employment contract details the rights of an employee and the terms of their employment. If remote work was not initially a part of an employee’s terms of employment, they will have to return to the office if requested by their employer. Employees who have a medical condition could be exempt from returning to the office.

Is there room for employees to negotiate a different work model post-pandemic?

Employees are within their rights to address their concerns with their employer and communicate the advantages of working remotely, such as productivity and efficiency. Employers can adapt and possibly implement a new work model, such as a hybrid work model. Some businesses have decided to implement flexible working arrangements in order to attract a new workforce.

Are employers finding it difficult to hire employees?

In some industries, particularly those that are client-facing or at higher risk, employees are still wary of COVID-19 and the potential health risks and would prefer to remain at home. Individuals do want to work and find employment however there is now a heightened need for flexibility.

Will there be a lot of employment concerns after the pandemic?

There are many new employment concerns that have arisen as a result of the pandemic, such as employee rights in regards to vaccinations as well as terminations as a result of COVID-19. Many employees and employers are questioning whether or not the pandemic will affect severance entitlements.

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Severance entitlements in Alberta

Can an employer decrease an employee’s salary if they decide to work from home?

An employer and employee can come to an agreement on working conditions however an employer cannot impose a significant reduction in salary without an employee’s consent. A significant change to the terms of employment can lead to constructive dismissal and employees can pursue their severance.

Will the issue of vaccinations in the workplace be influenced by government policy?

It is important to remember that the industry will factor into whether or not an employee has to be vaccinated or not, such as a long-term care home. Ultimately, most courts appear to see vaccinations as a choice and one that is closely tied to bodily autonomy.