Employee and employer rights in Alberta post-pandemic

Interview Summary

Public health measures continue to lift across the province of Alberta and many employees and employers are now preparing to enter a new state of normalcy. What will this mean for those that are still wary of health and safety in the workplace?

Karen Tereposky, an Alberta employment lawyer and Associate at Samfiru Tumarkin LLP joins Global News Radio 770 CHQR to explore employment laws and employee rights in a post-pandemic workplace.

Interview Notes

What is the main concern employment lawyers are facing as the COVID-19 risk decreases?

Despite restrictions lifting, many businesses are still struggling to recover and employees are being terminated as a result of COVID-19 and are pursuing their severance entitlements.

Do employees have any rights as some businesses re-open or can an employer still choose to terminate employment?

Employees who have been terminated and not temporarily laid off, are entitled to their full severance despite the pandemic and potential financial difficulties the employer has undergone. Employees who have been temporarily laid off can treat the layoff as a termination if they wish and also pursue their entitlements.

Learn More
Severance Pay in Alberta

Are business owners allowed to ask employees to wear a mask despite the lift of restrictions in Alberta?

Employers are permitted to make their own company policies such as mask-wearing but they also need to bear in mind employees who are potentially exempt from policies due to a medical condition. Employees cannot refuse to wear a mask if it is a term of employment and they do not have a condition that prevents them from doing so.

Can employers institute mandatory vaccinations in the workplace?

As there are no current laws regarding mandatory vaccines, there are many factors that can prevent employers from enforcing vaccinations. Employers can ask about the vaccination status of their employees and customers in order to provide appropriate accommodations but not as a means to penalize staff.

What are employees’ rights regarding remote work and returning to the office?

Employees in Alberta who previously worked in the physical workspace will have to return to the office if their employers request it. Employees who refuse to return to the office and do not have a medical condition or caregiving responsibilities are considered to have abandoned their jobs. Employees should communicate their concerns with their employer as soon as possible in order to arrange a compromise or hybrid work model.

Can a business owner ask customers to wear a mask?

Private organizations are able to require any rules as long as they are not a human rights violation. Customers can choose to attend that business or take their business elsewhere.

When should employees seek out legal advice?

Employees who are unsure of their rights at the workplace, are facing ongoing workplace issues or have been terminated should seek out legal advice as soon as possible.