Work: What’s Next | Recalling unvaccinated employees to work

Interview Summary

As unvaccinated Hamilton police officers who were put on leave prepare to return to work, many other unvaccinated employees who were terminated or put on leave are questioning their rights. With restrictions lifting across the province, will other unvaccinated employees be permitted to return to their places of employment?

Lior Samfiru, Toronto employment lawyer and national co-managing Partner at Samfiru Tumarkin LLP spoke with Global News on Work What’s Next to answer this question and more.

Interview Notes

Can unvaccinated employees who were put on leave expect to be recalled back to work?

As vaccine passport policies have been rolled back by provincial governments, some employers are reconsidering their own vaccine policies. Many employees who were put on leave due to vaccination status have been recalled to work by their employers. Employees in these circumstances are not as likely to return to their previous positions due to a lack of faith in their employers are instead are choosing to pursue their severance entitlements.

What can employees who have been placed on a layoff since the start of the pandemic do to pursue their rights?

Many employees have been on a layoff for almost two years due to COVID-19 and can choose to continue waiting or treat the layoff as a termination. Employees who have been laid off do not have to wait to be recalled by their employer. It is important to note that the limitation period for pursuing severance entitlements is 2 years and for many individuals in Ontario, that deadline is fast approaching.

What should employers and employees know about employee tracking legislation proposed by the Ontario government?

New legislation proposed by the government would force employers with more than 25 employees to inform staff that they are being monitored electronically. This legislation could better protect employee rights and offer some peace of mind for those working with company equipment.

Do employees have the right to refuse to be monitored by their employers?

The proposed legislation ensures that employees will have to be notified when they are being monitored however it does not protect employees from the surveillance itself. Employees who refuse to be monitored could potentially lose their employment.