Requiring employees to return to the office full-time: 630 CHED Interviews Jon Pinkus

Interview Summary

As the new year commences and many employers hope for a fresh start, more businesses have requested employees return to the office full-time. Not all employees have expressed a desire to return to pre-pandemic work arrangements. Do employees have the right to remain working remotely in a hybrid work model? Can employers terminate employees who refuse to return to the office?

Jon Pinkus, an employment lawyer and Partner at Samfiru Tumarkin LLP joined Bryn Griffiths on 630 CHED to answer these questions and more regarding employee rights and employer obligations.

Interview Notes

• Employees required by law to return to the office: Any employee who has been asked to return to the office who has been working remotely since the onset of the pandemic must be given advanced notice by their employer. For some, this could mean an extensive notice period as it would be equivalent to their severance entitlements. Notice permits employees to consider whether or not they wish to find a new position.
• Employees with medical conditions: Employers must accommodate an employee with a medical condition up until the point of undue hardship. Due to the pandemic, many workplaces had to adapt and permit employees to work from home. Employees must demonstrate a need to work remotely and provide their employer with a doctor’s note.
• Employees relocated and work remotely: Employees who have moved to a different location while working remotely must be honest and have open communication with their employers.
• Challenges for employees to pursue remote work: The most common disputes for employees throughout the pandemic have largely been a result of layoffs and vaccinations.