Employment lawyer on airline staffing shortages and employee rights

Interview Summary

As the pandemic continues and businesses still struggle to stay afloat amidst a potential fourth wave, employers and employees have had to adapt to a constantly changing work environment. With a surge in travel this past summer, airlines are dealing with staffing shortages and many are asking staff to volunteer their time. What rights do employees have to refuse these requests? Can employers legally ask previously paid employees to become volunteers?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Kelly Cutrara on Global News Radio 640 Toronto to discuss the rights of employees who have been called back to work but with different duties and expectations from their employers.

Interview Notes

What should employees who have been asked to return to work as volunteers know about their rights?

Employers need to remember that simply labelling or re-naming an individual that previously had an established working relationship is not enforceable. An individual who was previously a full-time employee would still have the same rights even if their employer is now calling them back as a volunteer, such as wages, vacation time, etc. Employers who do not adhere to these regulations will be in violation of the Employment Standards Act.

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• Employee v. Independent Contractor

Are employees scared to voice their concerns with their employers for fear of reprisal or losing their job?

Employees can decide whether or not they want to help out their employers but should remember they are protected from reprisals under employment legislation. Employers penalize employees who are trying to enforce their rights could face serious consequences.

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• Employment Law Show – Reprisals at Work

What can employees do if they are injured on the job while volunteering?

The WSIB should still recognize that employees hurt on the job while volunteering would still be within the bounds of working. This could potentially be putting many individuals at risk however if the WSIB considers them to no longer be employees.

Is asking employees to volunteer illegal?

While it is not illegal to ask people to be volunteers however it is illegal to ask an individual to perform duties that would normally be compensated for free. While many employers have adapted to the pandemic, significant changes should not be implemented without an employee’s consent and without adhering to basic employee rights.