Toronto employment lawyer on returning to the office amidst Tesla demand

Interview Summary

Elon Musk has stated employees must return to the office or could lose their employment. While Tesla is an American company, many Canadian employees are now facing the same choice and demand from their employers. What are their rights if they no longer wish to return to the office?

Fiona Martyn, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP spoke with Rick Zamperin on 900 CHML to answer this question and more on employee rights.

Interview Notes

• Can Elon Musk demand employees return to the office: Employers, like Elon Musk, are within their rights to ask employees to return to the office if the arrangement prior to the pandemic was to work at the workplace. Employees who refuse to return could be seen as job abandonment or resigned.
• Fear of returning to the workplace due to health and safety concerns: Generally, concerns about contracting COVID-19 are no longer considered reasonable terms on returning to the office unless an employee has a medical concern and the support of their doctor. Employees who do have a medical condition must be accommodated by their employer.
• Employment laws for Canadian employees vs. Americans: Ultimately, employees who work in a Canadian province are beholden to Canadian employment laws and regulations and must abide by the terms of their original contract.
• Right to disconnect policy in Ontario: Employers in Ontario are obligated to introduce the right to disconnect policy at the workplace which outlines the specifics for each workplace.