Ontario employment lawyer talks new laws for remote workers

Interview Summary

The Ontario government has announced possible new employment laws that would entitle employees that work remotely to severance pay in the event of a mass layoff. Will these new laws offer more protections to remote workers? Are there other factors that impact and deter offerings of severance pay in the event of a mass layoff?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke with CTV News Ottawa on the proposed legislation and employee rights.

Interview Notes

• New Ontario government legislation proposal: This proposed legislation is an amendment to current legislation and an attempt to close a loophole. These measures are a direct reaction to the shift in many workplaces to remote or hybrid work models. The current legislation refers to employees specifically in “establishments” which could exempt those who work from home in a mass layoff.
• Remote workers and severance entitlements: Remote workers are entitled to severance pay despite working remotely. Severance pay does not differ for individuals depending on their physical work environment.
• Rights in a mass layoff: Remote employees are entitled to the same amount of common law severance entitlements as employees working in the office. Severance entitlements are not necessarily based on the Employment Standards Act‘s minimum entitlements. Severance pay for most remote employees will be based on their age, years of service and positions.

Learn more about employee rights when employers end remote work and recall staff in provinces like Ontario, Alberta and British Columbia.