Employment lawyer Lior Samfiru on employment rights for temp and casual workers

Interview Summary

A rise in immigration in the coming years leads to concerns regarding temporary employment agencies and workers’ rights. What should immigrants be aware of as they enter the job market? Are there rights and entitlements for temporary or part-time employees?

Lior Samfiru, an Ontario employment lawyer and National co-managing Partner at Samfiru Tumarkin LLP, spoke to Rick Zamperin on Good Morning Hamilton 900 CHML to answer these questions and more.

Interview Notes

• Rights of casual workers: All employees, whether that is full-time or casual, have the same employment rights. Employment law doesn’t distinguish between an employee that has been full-time for many years or a casual worker. There is no legal requirement for any employer to provide benefits to their staff. Employers can choose who they decide to provide benefits.

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• Rights at the end of employment: Part-time employees and casual workers are often unaware of their entitlements after they are terminated. Many individuals do not believe they are owed severance pay due to the nature of their jobs. This is factually inaccurate. Severance pay is calculated in the same manner as full-time employees.
• Gig economy worker rights: Many companies, such as Uber and DoorDash, view their employees as independent contractors. Due to this, staff are not afforded employee rights. This misclassification of employees is an ongoing issue in many countries.
• Temporary agencies licensing: The new licensing requirements will make it more costly for temporary agencies to operate. Many agencies are in place to help employers however, employers are able to hire staff on their own. Employers often mistakenly believe that they do not have to abide by certain obligations and responsibilities if they have hired staff through an agency.