Global Morning Show: Employee rights before returning to the office

Interview Summary

As employers and employees prepare for a return to the workplace, many have raised concerns about what to expect. Will there be new health and safety measures in place to protect all staff? Will vaccinations be mandatory?

Lior Samfiru, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Global News The Morning Show to answer these questions and more on returning to the office.

Interview Notes

Is returning to the office mandatory for all employees if they have been asked by their employer?

Employers who are permitted by public health guidelines to have employees in the office can request employees return to the office. Employees who refuse to do so simply because they have been working remotely as a result of the pandemic can be considered to have abandoned their jobs. Employees who have legitimate concerns about returning to the office should communicate with their employer in the hopes of reaching a compromise.

Can an employee demand their employer implement a hybrid work arrangement?

As COVID-19 was a very unique situation, both employers and employees are within their rights to request things return to the pre-pandemic work arrangement. Employers and employees cannot change the terms of employment without consent.

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What are the rights of employees regarding vaccine mandates?

Without government legislation, employers do not have the right to impose mandatory vaccinations in the workplace or terminate employees based on their vaccination status. Employers who decide to implement policies without government support are liable to legal challenges from their employees and could be forced to pay damages.

Can employers adjust an employee’s salary if they work remotely?

Employers are permitted to offer employee’s the option of returning to the office or working remotely with a salary reduction. It is not legal for employers to reduce an employee’s salary without their consent and a change to the terms of employment can result in constructive dismissal.

What should employers and employees remember as they return to the office?

Employers should think of how to support their employees in a return to the office and incentivize employees to work productively and effectively. Employees should remember to communicate openly with their employers about their concerns and work towards compromises when possible.