Employee rights while working remotely

Workplaces have had to adjust due to the COVID-19 pandemic and for many businesses, that has meant a switch to work remotely. While there are advantages for employees and employers in working from home, there have been concerns regarding the rights and expectations of both parties.

Mackenzie A. Irwin, a Toronto disability lawyer at Samfiru Tumarkin LLP spoke with Scott Thompson on Global News Radio’s 900 CHML to explore employees’ rights while working remotely and what the pandemic could mean for the workplace in the future.

What They Discussed

What are some of the concerns regarding working from home?

Employers have had to update a lot of policies to ensure their employees are still safe and their rights are maintained while they continue to work remotely.

Can employees who are scared to return to work, request to continue working remotely?

The recent stay of emergency and stay at home orders stipulate that if employees are able to do their work from home, they must be allowed to do so by their employer.

Can an employer reduce an employee’s pay as they are working remotely?

An employer does not have the right to significantly reduce an employee’s wages without their consent despite the pandemic. A significant reduction in compensation would be considered grounds for constructive dismissal.

What are the rights of employers who have had to deal with the financial burden of COVID-19?

An employer’s financial situation does not change an employee’s rights upon termination. An employer has to make a decision on whether or not they can afford to terminate an employee and pay severance entitlements.

How is COVID-19 going to change the landscape of employment?

There are going to be significant changes in terms of what the physical workplace will look like and what will be more effective for their workforce. If an employer does decide on remote work, policies will have to be re-evaluated as there are still regulations and rights that have to be maintained for employees.

At what point does it become the employer’s responsibility to provide equipment to employees working remotely?

An employer is obligated to provide the necessary equipment for employees in order to be able to work at home. It will depend on the situation and the scale of the business involved.

Will employees be able to write off the costs of working from home for tax purposes?

Employees will have to determine what can and cannot be written off while working from home.