Permanent to Part Time Employment Status – Pan Pacific Hotel Vancouver

As the pandemic continues, many companies and employers have had to adapt to sustain their businesses, at times adopting changes that do not benefit their employees. The Pan Pacific Hotel in Vancouver is giving its workers a deadline to agree to change their employment status from permanent to on-call casual staff.

Can employers enforce these changes? What options do the staff have in times of crisis? Employment lawyer Lior Samfiru answers these questions and more on the Jill Bennet Show.

What They Discussed

• Can companies change the terms of their staff’s employment?
  This hotel could have terminated its employees and offered its staff severance, which would be the best possible outcome for employees.
• Is there a way to determine whether the employer proposing a change to employment agreements is doing so in good faith?
  There is no way of knowing the exact intentions as this choice could be simply to save the company financially from paying severance.
• If after accepting a change in employment status, an employee is let go, is their severance affected? 
  There will likely be a severe reduction in severance as casual employees earn less.
• Employees have two sources of termination entitlements; common law or minimum.
• Is there any benefit for the employee to accept this type of offer, particularly if you work in the hospitality sector?
  Employees will earn less and will not be able to potentially find other employment.
• A reduction in hours despite decent pay would still be a loss for employees financially and could be considered a constructive dismissal.
• What are employers hoping to achieve in proposing mass changes to their employee’s wages and hours?
  Companies often correctly assume that employees are not fully aware of their options and rights.
• If an employee agrees to a change in terms of their employment, can they change their minds later on?
  Once a contract is signed, it is considered accepted.