Employment Law Show 640 Toronto – S10 E06

Episode Summary

Government vaccine mandates, change in pay structure, IDEL layoffs and more on Season 10 Episode 06 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Toronto Employment Lawyer and Partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

The federal government of Canada has announced plans to proceed with a vaccine mandate for its employees. What will this mean for workers?

For many employees who work within federal sectors, there could be ongoing issues with labour shortages and the implementation itself. There has been no clear-cut clarification on the federal vaccine mandate from the government or whether or not there will be alternatives other than vaccination. Employees who work in industries in which there are government vaccine mandates if a loss of employment occurs due to vaccination status, do not have any other recourse.

I have not taken a vacation in two years. Can I ask my company to pay my vacation out since I was not able to use it?

Employees are entitled to vacation by statute and above that which is negotiated with an employer. Employees who have not used vacation should be paid out vacation if they have not used it. Employers are also permitted to request employees take a vacation instead of paying vacation out to an employee. In some situations, employers do have policies regarding vacation and when it can be used or lost.

I’ve been working throughout the pandemic remotely. My employer is now requesting I be double vaccinated or I will be placed on unpaid leave. Is this legal?

While employers have the right and obligation to provide a healthy and safe work environment, requests and policies must be reasonable. For employees who work from home, it is not reasonable for employers to impose vaccine mandates. Unfortunately, it is impossible to prevent an employer from terminating an employee without cause. Employees who have been terminated due to their vaccination status, or put on unpaid leave, are still owed their severance pay.

I am compensated in commission however my boss is planning on changing the pay structure. The change in pay will result in a massive decrease in my wages. What can I do?

Employers do not have the right to change a major term of employment for employees, such as pay or scheduling. Employees who are worried about a decrease in pay but have not experienced it as of yet, can wait and see what the outcome of the change is. Employees who accept a change initiative must also confirm in writing to their employer that the acceptance is temporary and there are concerns.

I submitted a religious exemption to my company with an affidavit from my parish priest but it was denied. What else can I do?

It is more difficult for employers to accommodate religious exemptions to vaccine mandates as religious beliefs are much more subjective than a medical exemption.

I was laid off by my company last fall. They keep saying they’ll bring me back but it’s been over a year and I’m no longer eligible for employment insurance. What do I do?

Many employees have been laid off as a result of the pandemic and have been assured by their employers that they will be brought back to work. Some employees have been unemployed for almost two years. Employees who have been put on a layoff should remember that they do not have to continue to accept the layoff and can treat it as termination. Pursuing severance pay will not be possible after two years past the initial date of termination.

LEARN MORE
• Infectious Disease Emergency Leave in Ontario

Is it considered discriminatory to implement vaccine mandates?

The Human Rights Commission has stated that it does not believe vaccine mandates to be a violation of human rights in Ontario. It is important to note that this statement is an opinion and should not be considered a decision. Employers should not be encouraged to dismiss employees for cause if unvaccinated as a result of this statement.