Work: What’s Next | Employee rights as they return to the office

Interview Summary

Businesses, like that of tech giant Apple, are returning to a state of normalcy since the pandemic first began as COVID-19 restrictions across the province lifted. For many employees, a return to pre-pandemic life will also mean a return to the office. What rights will employees have to refuse these requests? Will employers be forced to accommodate employees working remotely?

Lior Samfiru, a Toronto employment lawyer and co-managing Partner at Samfiru Tumarkin LLP joined Global News on Work What’s Next to discuss the legal rights of employees returning to the office.

Interview Notes

• Can Apple employees be forced back to the office: Many employees have been working from home for the past few years however their employers can demand employees return to their pre-COVID-19 work arrangement. It is important to remember that some employees with medical or childcare needs, must be accommodated.
• Changing the terms of employment after a return to the workplace: Employers are not permitted to change the fundamental terms of employment without an employee’s consent. Imposing changes can lead to constructive dismissal.
• Employee labour market: Employers that are ready to return to a permanent physical workspace must be careful not to alienate or lose efficient employees. In many cases, it might benefit employers to consider a hybrid work model.