Employment Law

Have the terms of your job changed due to the pandemic?

Alex-Lucifero

Interview Summary

Throughout the pandemic, workplaces have had to adapt and shift according to public health measures. As a result, some workforces have been drastically depleted. Between layoffs and restructuring of compensation, employees and employers have questioned whether or not these changes can be legally implemented,

Alex Lucifero, Managing Partner and Ottawa employment lawyer at Samfiru Tumarkin LLP joins CTV News Ottawa’s Matt Skube to explore changes in the workplace and employee rights.

Interview Notes

Can an employer make changes to an employee’s job due to COVID-19?

Employers cannot implement significant changes to the terms of an employee’s position such as a dramatic decrease in compensation, despite COVID-19. Changes to the terms of employment without the employee’s consent can lead to a constructive dismissal.

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Temporary Layoffs
Alex Lucifero on COVID-19 Layoffs

What consequences do employees face if they accept changes made to their job?

By accepting changes implemented by their employer, employees give their employer permission to change their positions in the future. Employees do have the option of treating the change as a termination if the change is detrimental and can pursue their severance entitlements.

What should an employee’s next steps be if they don’t want to accept a change to their position?

Employees should voice their discomfort and refusal of the proposed changes to their employer. Employees should also seek out legal advice to determine whether or not the change to employment is considered significant and can lead to constructive dismissal.

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