Employment Law Show 640 Toronto – S10 E27

Episode Summary

Lifting of mask mandates, constructive dismissal, hybrid work models and more on Season 10 Episode 27 of the Employment Law Show on Radio 640 Toronto.

Listen below as Employment Lawyer Chris Justice, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Chris shatters myths and misconceptions about severance pay, terminations without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

Listen to the Episode

Episode Notes

With mandates lifting, can I still wear a mask at work?

Simply because mandates across Ontario have lifted regarding masks, employees are within their rights to wear a mask in the workplace. Employers are also permitted to ask employees to continue to wear a mask in the workplace unless an employee has a medical condition that prevents them from doing so. Employees that refuse to wear any PPE could still face potential disciplinary action from their employers but would likely be owed severance upon termination.

I’ve been with my employer for many years but recently a lot of changes have been made to my department. I left but came back after a few days and I was then told I’d resigned. What can I do?

Before resigning from a position, employees should speak to an employment lawyer and seek legal advice on their next steps. In order for a resignation to be enforceable, it has to be clear and there can be no doubt. Employers should be wary of stating an employee has abandoned their job if there is solid evidence to suggest otherwise. It is also important to remember that employers do not have the ability to implement significant changes to the terms of employment without an employee’s consent. Major changes to a job can lead to constructive dismissal.

I was already fired due to my employer’s vaccine policy. Can I get my job back?

It is unlikely for an employer to take back an employee that was terminated due to a vaccine mandate however an employee who was terminated as a result of their vaccination status would be owed severance pay.

If I was put on an unpaid leave of absence due to a workplace vaccine policy, should I be brought back by my employer?

There are many individuals who would like to return from an unpaid leave of absence to their previous positions. Companies and employers are able and should recall employees as vaccine mandates have been lifted across the province. Employers who do not recall employees could face more wrongful dismissal suits if severance has not been paid to employees.

Can my employer re-introduce a vaccine policy at the workplace?

Employers could reinstate workplace policies that were in place in regard to COVID-19. Without the support of the government, however, employers would not be able to terminate employees for cause and would have to offer adequate severance pay.

Do employers have to offer a hybrid work option for employees?

Employers do not have to negotiate a hybrid work arrangement for employees. Employees who previously worked at the office but have been working remotely due to the pandemic can be expected to return to the office. Unless there is a contract in place that allows employees to work from home, employers are permitted to request employees return to the workplace.

Is your employer able to ask you to sign a new employment contract?

Employees who are being asked to sign a new employment contract upon a return to the workplace should be wary of signing anything without the advice of a legal expert. Employment contracts can contain language that would limit an employee’s future entitlements, particularly in regard to severance pay.

Are employers able to reduce an employee’s pay if they switch to remote working?

Employers are unable to unilaterally decrease an employee’s pay without their consent. There are certain elements in which an employer can pull back such as certain travel reimbursements.