Employment lawyer on workplace resignations during COVID-19

Interview Summary

According to Statistics Canada, approximately 130,00 Canadians have resigned from their positions during the pandemic and are not looking for future employment. While many Canadians have lost their jobs due to COVID-19, it seems surprising that individuals would voluntarily leave their employment in an unstable economy. What could be the reason behind a resignations boom?

Lior Samfiru, an Alberta employment lawyer and Co-founding Partner at Samfiru Tumarkin LLP joins Global News Radio 630 CHED to discuss workplace resignations and employer obligations.

Interview Notes

Is it true that Canada is undergoing a widespread rise in workplace resignations?

While there has been a rise in job loss across the country, there have been many employees who have had the opportunity to re-evaluate their priorities and have felt they do not want to continue working at their current company. Due to a rise in mental health conditions and external stressors due to COVID-19, many employees have also had less of a barrier between work and life balance.

Is it a small section of the Canadian population that has chosen to resign from their positions during the pandemic?

There has been a larger percentage of the population that has chosen to resign than most people are aware of largely due to an increase in mental health crises. For individuals who are unable to resign due to financial reasons, many have begun to re-evaluate their situation and made compromises in order to put their health and own needs first.

LEARN MORE
• COVID-19: Mental Health and Workplace Accommodations
• Working during COVID-19 with a Mental Health Disability

Has there been pushback from employers as employees take medical or disability leave?

Unfortunately, mental health conditions are not easy to understand or observe. Over the past few years, however, the stigma surrounding mental health conditions has decreased. It is important for employees who wish to take a leave of absence to have their doctor’s support. Employers and insurers cannot prevent employees from taking a medical leave if they have confirmation from their physicians that they are no longer able to work.

Has the rise of workplace resignations caused more problems for employers?

Employers unfortunately have had to deal with uncertainty and constant change as a result of the pandemic. It is important for employers to remember that their employees are struggling as well with expectations and responsibilities. By communicating and accommodating their employee’s needs, employers ensure that there is a lower turnover rate.

What should employers do if their employees express a desire to resign?

Employers should create supports within their workplace, such as adequate boundaries between work and personal time, which will prevent more employees from pursuing resignation. Employers should also think of their employment agreements and the required noticed period implemented for employees in order to provide some protection to find replacements.

Is it legal for employers to ask for proof of vaccination?

Employers are within their rights to ask if an employee is vaccinated if it relates directly to the health and safety of the workplace. As some employees might not be vaccinated, adequate health and safety measures will need to be taken, such as social distancing or isolation. Employers cannot ask an employee for proof of vaccination if it pertains to their employment status, i.e. terminating employees who have not been vaccinated.