Are employment laws changing due to COVID-19?

Public health officials have had to adapt as the pandemic continues and introduce new measures in order to keep Canadians safe. With new regulations, many employees and employers have also had to adapt to new restrictions and are questioning whether or not Ontario’s employment laws have kept up with the evolving workplace.

Toronto employment lawyer and partner Lior Samfiru at Samfiru Tumarkin LLP joined the Roy Green show to discuss a recent article for Global News concerning employment laws during the second wave of COVID-19.

What They Discussed

Can my employer insist I receive a COVID-19 vaccination?

This is a new issue in terms of employment law but based on existing principles, an employer cannot force or require an employee to receive a vaccine or bar them from the workplace if they refuse to be vaccinated. If an employee is required to undergo a form of medical procedure, human rights laws have to be taken into consideration.

My employer wants to put me on another temporary layoff. Can I refuse?

An employer does not generally have a right to lay off an employee temporarily. If, however, an employee accepts the layoff they have arguably given the employer the right to do it again. Employees who are currently on a layoff should remember they do not have to accept it.

How does an employee refuse a temporary layoff?

An employee can object to the layoff and treat it as constructive dismissal. If an employee returns to work they should ensure they make it known they will not accept any future layoffs.

Does my employer have to pay me severance if I was laid off as a result of COVID-19?

Severance rules still apply during the pandemic. Enhanced severance may be owed during the pandemic as a factor for calculating severance is often how employable an employee is and how likely it is for them to find a new position.

My employer has drastically cut my pay as a result of the pandemic. Can I do anything about this?

While an employee has no way of preventing an imposed pay cut from an employer, they can choose to treat the reduced pay as a constructive dismissal and treat this choice as a termination.