Costco employees asking to work remotely

With a stay-at-home order implemented across Ontario, many employees are once again working from home. Some businesses that are deemed essential are operating as usual. Costco office employees however, according to CBC News, are questioning whether or not they should be forced to continue working in an office environment.

An Ottawa employment lawyer at Samfiru Tumarkin LLP joined Leslie Roberts on 580 CFRA’s Ottawa at work to explore the rights of Costco employees.

What They Discussed

Do Costco office employees have a right to work from home amidst the recent lockdown?

While Costco is considered an essential business, under government regulations office workers should be working from home unless their job has to be done in person. Costco can only force office employees to return to the workplace is if they can prove these jobs are not done effectively if done remotely.

What options do employees have who believe they can work from home but are being asked to return to the office?

Employees should properly communicate with their employer to determine if the employer can accommodate working from home. If however an employer still refuses to let employees work remotely, an employee should file a complaint with the Ministry of Labour.

What should an employee do if their employer terminates their employment as a result of refusing to return to work?

If an employer is forcing an employee to come to work, against the law, an employee can choose to treat this as a constructive dismissal.

Is it an employee’s responsibility to prove they can work from home?

Employers might be able to get around the new measure if they can prove an employee’s job has to be conducted in the workplace; it will be difficult to prove however for many positions that are not essential.

Can employers argue that employees are not as efficient while working remotely to force them to return to work?

Employers who try to argue productivity will be fighting an uphill battle as the law does not mention productivity.

Do employers penalize employees that file complaints?

Employees that pursue constructive dismissal claims in court do not return to their previous employer as their employment will be terminated. Employees however who file complaints with the Ministry of Labour would continue their employment but should not be penalized for filing a complaint.

Does the compensation upon termination of an employee change depending on the length of employment?

Full severance entitlements take into account the length of employment of each employee as well as the age and position.