Work: What’s Next | Enforcing masks and returning to the workplace

Interview Summary

Proof of vaccination, mask mandates and working from home enforcements have largely been lifted across the province. What will this mean for employers who continue to impose their own health requirements in the workplace? What rights will employees have to refuse or be held to certain policies?

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 ongoing changes to the workplace.

Interview Notes

Can employers still require their employees to wear a mask in the workplace if they aren’t required to do so by a government mandate?

Employers are currently within their rights to ask employees to wear masks in the workplace as it is a fairly minimal intrusion on employee comfort. This requirement can continue despite the lifting of government requirements. It is important to note that some employees might have a medical condition that prevents them from wearing masks in the workplace. Employers have to accommodate employees who have a doctor’s note and medical condition.

As vaccine passports have also been removed, are employers able to ask for proof of vaccination?

Employers should continue to follow guidance from public health and government regulations. There are privacy issues that employers need to bear in mind when asking employees for their vaccination status. Employers should be wary of insisting on asking for vaccination status from their employees.

Are employers able to force employees back to the office?

It has been understood for most that working from home was a result of the pandemic. Employers are within their rights to ask employees to return to pre-pandemic arrangements, such as working from the workplace. Employers should consider all measures to ensure the workplace is safe and must continue to accommodate employees with childcare responsibilities or medical conditions.

With gas prices on the rise, can employees ask their employers to cover the cost of fuel or remain working from home?

A pay increase has to be tied to terms included in an employment agreement. In most situations, employers are not required to match a wage to the rising cost of living. Employees should communicate their concerns with their employer and try to work towards a compromise. While it is not a requirement for employers to accommodate this new cost, arrangements can be made.

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Rising gas prices and employer accommodations