Work: What’s Next | Returning to the office from remote work

Interview Summary

As more restrictions across the country continue to lift, businesses and employers are looking to the future and a possibility of returning to normal. What will this mean for employees who have been working remotely for the past year?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLPs joins Global News to answer this question and more on workplace policies.

Interview Notes

What are the legal ramifications regarding mandatory vaccinations for employees?

The ability to impose mandatory vaccines lies solely with the government and not employers, even though many are trying to implement vaccines on their own. Employers should be aware of the legal liability they are subject to if there is no government intervention.

Can private companies make their own vaccination rules?

Canadian employees should remember that employment laws differ in Canada in comparison with the United States. Employers in Canada cannot impose their own mandatory vaccination policies if there are other health and safety measures open to them, such as social distancing and wearing proper PPE.

LEARN MORE
• Can my employer force me to get a COVID-19 vaccine?
• How to respond if your boss pressures you to get a COVID-19 vaccine

Do employers have the right to request employees who have been working remotely return to the office?

Despite the fact that many employees have been working efficiently at home, employers are within their rights to ask employees to return to the office. Employees who have structured their lives around working remotely should communicate their concerns with their employer and try and find a compromise. If an employee refuses to return to the workplace, they can be considered to have abandoned their job.

What should employees be aware of as they prepare to return to work?

All employees should be aware that they have the right to work in a healthy and safe work environment. Employers are obligated to follow public health guidelines and maintain a safe environment for all staff. Employers are also not permitted to change the fundamental terms of an employee’s position without their consent; such as their compensation or their schedule. Employees who have had significant changes made to their job can treat the changes as constructive dismissal. Lastly, employees who have yet to be recalled from a layoff can treat the layoff as termination and pursue their severance entitlements.