Employment lawyer on returning to the office post-pandemic

Interview Notes

With COVID-19 cases declining across the province and vaccine distribution increasing, many businesses are preparing for the gradual return to normalcy. For employees currently working from home, what will this mean for their rights? What are employers permitted to request from employees as there is a shift to the physical workplace?

A Vancouver employment lawyer at Samfiru Tumarkin LLP joins Mike Smyth on Global News Radio’s 980 CKNW to discuss employee rights post-pandemic.

Interview Notes

Can your employer force you to return to the workplace post-pandemic?

Employers are within their rights to request employees who have been working remotely to return to the office. Employers will have to bear in mind public health and safety measures. Employees who feel unsafe returning to the office should communicate their concerns with their employer.

What should employees do if they feel their workplace is unsafe?

Employees should first communicate their concerns over safety with their employer. Employers are obligated to investigate claims of an unhealthy or unsafe workplace. If an employee feels the investigation has not been conducted effectively, they are within their rights to file a complaint with WorkSafe B.C.

Will employees be able to request to continue working remotely if WorkSafe BC has deemed a worksite safe?

Employees should bear in mind that if a workplace is considered safe and employers have implemented health and safety measures, they could be considered to have abandoned their jobs. Employees who have medical conditions or are high-risk could have reason to request further accommodations, like working remotely, as they are more susceptible to COVID-19 variants.

Do employees have the right to refuse a COVID-19 vaccine?

Personal choices are not protected under human rights legislation; individuals who cannot take a vaccine for religious reasons or a medical condition are protected.

Could employees be fired for cause for refusing to be vaccinated?

Employees cannot be terminated for cause for refusing to be vaccinated however employees can be terminated for any reason as long as adequate severance entitlements are offered. Severance entitlements are based on a number of factors, including the age of an employee, the length of employment and position.

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• Severance Pay BC

Can an employee refuse work that could be potentially high-risk, such as mass gathering events?

Employees are permitted to refuse any work that they believe is considered unsafe. If after an investigation has been conducted and the work is deemed safe, an employee does not have further reason to refuse the work.

Can your employer ask you if you have received a COVID-19 vaccine?

In most cases, an employer will be able to ask if an employee has been vaccinated. Employers will have to bear in mind what this information is being used for; if asking an employee on their vaccination status is due to necessary accommodations it is permitted. Employers cannot ask an employee if they have been vaccinated as justification for penalizing an employee.

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• Can my employer force me to take a COVID-19 vaccine?
• Will COVID-19 vaccines be mandatory in the workplace?

What rights do employees have if their employer refuses to be vaccinated?

If an employer who has not been vaccinated potentially makes the workplace unsafe, then an employee will have reason to file a complaint. However, in most workplaces, employers and employees will have the personal choice of whether or not to be vaccinated.

Can an employer force employees to work from home?

Employees can retain the right to dictate the place of work for employees, whether that is a work from the home module, hybrid module or at the office.

Can an employee be fired for filing an unsafe workplace complaint?

Employees cannot be terminated or penalized by their employer for expressing their concerns about the safety of the workplace. All employees have the right to work in a healthy and safe work environment.