In office mandate for federal employees: Lior Samfiru on 900 CHML

Interview Summary

The federal government has announced that come September, it expects employees to work in the office at least 3 days a week. The exception to this mandate will include employees who worked remotely before the pandemic in 2020. The union representing federal employees plans to fight this mandate and has stated there is no valid reason for it.

Lior Samfiru, an Ontario employment lawyer and Co-founding Partner at Samfiru Tumarkin LLP joined 900 CHML’s Rick Zamperin to discuss the mandate and employee rights.

Interview Notes

• Union argument and stance: Samfiru believes that PSAC might have a leg to stand on as he stated, “Generally speaking when an employer does something for an extended period of time, that becomes a term of employment.” It is difficult for employers to impose unilateral changes.
• Refusing to consult representatives: There are certain actions management can take without the need for consultation. “The union is going to take the position that this is important enough of a decision that it can only be done with the union’s consent and cooperation,” said Samfiru. The terms of the collective agreement will dictate how things proceed.
• Non-unionized employee rights: For non-unionized employees, Samfiru explained that an employee would have an even stronger argument to refuse the request. “If an employer allowed an employee to continue working from home for a year, two years after they were strictly required to do so, that becomes a term of employment.”
• Employer responsibility to provide space: Samfiru stated that an employer must provide space that permits employees to do their jobs. “An employee may even be able to refuse work if they are not provided the tools to do their job.”

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Constructive dismissal in Ontario