Employment lawyer on employees debating a return to the office

Interview Summary

Employers across the province are ready to return to a normal working arrangement. Despite this, many employees who have been working from home are debating a return to the workplace. Can employees insist on a remote working model? What accommodations must an employer provide?

Lior Samfiru, an employment lawyer and national co-managing Partner at Samfiru Tumarkin LLP joins Roy Green on 640 Toronto to answer these questions and more on employee rights.

Interview Notes

• Employment law on returning to the workplace: According to employment laws, employers are within their rights to request employees return to the office if that was the pre-pandemic working arrangement. Employees that refuse to return to the workplace can be legally terminated and likely would not be owed any severance pay. Employees that have moved away from the office and were accommodated by their employer might be considered an exception.
• Exceptions to returning to the office: Employees that were hired during the pandemic and were told they could continue to work from home do not have to come into the office if it was not an initial term of employment.
• Hybrid work model for employees: Generally speaking, the arrangement during the pandemic was due to a unique circumstance. Employers that have made a hybrid work model the “new norm” cannot decide to change their mind if an employee has relied on the new arrangement. Employers must be clear on their expectations of employees post-COVID-19.
• Employees seeking legal advice from an employment lawyer: Employees in some situations can argue a constructive dismissal if they were led to believe their working arrangement was permanent by their employer. Employees that have certain medical conditions and are advised to remain at home by their doctors must also be accommodated by their employer.
• Employment laws possibly changing due to COVID-19 variants and waves: Employment laws originally were not built to deal with an unusual situation and employers might be forced to make decisions that were previously considered illegal. Employment laws must be able to balance employee and employer rights and offer more flexibility.