Union fighting federal return to office mandate: Vancouver employment lawyer on 980 CKNW

Interview Summary

The federal government has announced that come September, it expects its employees to return to the office at least 3 days a week. The union representing federal employees has announced plans to fight this mandate, citing various problems with the announcement including the lack of warning given to employees. What right, if any, do private sector employees have to remote work? Can employers penalize or terminate employees who refuse these requests?

Stan Fainzilberg, an employment lawyer and Partner at Samfiru Tumarkin LLP joined Mike Smyth on 980 CKNW to discuss the federal government’s mandate and employee rights regarding remote work.

Interview Notes

• Union case against mandate: Fainzilberg reiterated the desires of the union members to continue working remotely. “There’s a lot of pressure on the unions and the federal government to bring everyone back,” Fainzilberg said. Ultimately this will be decided by an arbitrator.
• New term of employment: Many employees have been working remotely for years past any health and safety restrictions. “Employees have a fundamental term of their contract, whether written or implied or oral. The terms are set by the history of what they’ve been doing,” Fainzilberg explained. “If you’ve been doing something for long enough, it becomes an implied term of your contract.”
• Mandate considered to be “anti-worker”: The union has expressed a continued desire to work from home. “The vast majority of federal employees don’t want to go back to the office. From that perspective, the federal government is doing something that is “anti” employee,” said Fainzilberg.
• Poorly maintained government offices: Fainzilberg explored the legal strategy imposed by the union president. “Part of an employer’s obligation, whether a federal or provincial employer, is to ensure a safe work environment.”
• Options for union members: While Fainzilberg reiterated that union members are not in a position to go on strike, most will not extend themselves and do the bare minimum.

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Constructive Dismissal in British Columbia
• Employment lawyer discusses the right to remote work