Alberta employment lawyer on health and safety at work

Interview Summary

As more public health restrictions continue to lift across the province of Alberta, employers and employees are preparing for a return to the workplace and a normal routine. But what will this look like? Will employers be able to implement mandatory vaccines? Will masks and self-isolation be an option?

An Alberta employment lawyer at Samfiru Tumarkin LLP joined Global News Radio 770 CHQR with Ted Henley to answer these questions and more.

Interview Notes

Can employers enforce vaccines or COVID-19 testing at the workplace?

Employers are currently unable to enforce vaccines as there is no government legislation regarding COVID-19 vaccines. Employers can encourage vaccines at the workplace but cannot make vaccines a condition of employment. Enforcing vaccines can be a potential violation of human rights. The type of workplace will also factor into safety regulations, such as in health care settings where there is a higher risk population.

Can employers in Alberta refuse to let an employee who has tested positive return to work?

Employers have a duty to protect the health and safety of all staff at the workplace. However, telling an employee not to return to work could be considered a reason for constructive dismissal as they are being forced to remain at home. Employees who have been constructively dismissed can pursue their severance entitlements. It is important for employees and employers to communicate their concerns and work towards a compromise.

LEARN MORE
• Severance Pay in Alberta

Are the rights of part-time employees different than full-time staff?

Part-time employees can still pursue lost wages under the Employment Standards Code. It is important to distinguish between part-time employees and casual employees as part-time workers are afforded the same protections as full-time staff.