Employee rights and re-opening Ontario

Interview Summary

As COVID-19 numbers continue to decrease and more vaccinations across the province are distributed, the provincial government has announced a gradual re-opening plan. What will this mean for businesses that have been closed throughout the pandemic? Will employee rights change once again?

Lior Samfiru, an employment lawyer and Co-founding Partner at Samfiru Tumarkin LLP joins Roy Green on the Corus Radio Network to discuss employee rights as Ontario slowly re-opens.

Interview Notes

Will employers have the right to request employees return to the physical workplace?

The pandemic was a very unique situation that created its own rules. However, once COVID-19 has ended, employers and employees can request that the workplace returns to a pre-pandemic normal. Employers are within their rights to ask employees to return to the workplace. For employers who would prefer employees remain working remotely, employees are also within their rights to request a return to the office.

May employers demand proof of vaccinations from employees before a return to the workplace?

Employers will only be able to mandate vaccines in the workplace if the government implements policies that require all employees to be vaccinated. Employers currently cannot request proof of vaccination from employees; employees are within their rights to refuse to be vaccinated.

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• Will COVID-19 vaccines be mandatory in the workplace?

Do employees have any protections if an employer does request a return to work?

Employers are within their rights to terminate an employee for any reason, as long as the reason is not discriminatory. Employees who have been terminated without cause are entitled to appropriate severance entitlements. It is important for employees who have been terminated to contact an employment lawyer before agreeing to a severance offer as severance rights have been enhanced due to the pandemic; it is more difficult to find employment due to COVID-19.