Employment Law Show 640 Toronto – S9 E109

Episode Summary

Disconnecting from the workplace, constructive dismissals, let go for cause, and more on Season 9 Episode 109 of the Employment Law Show on Global News Radio on 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. Jon shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

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Episode Notes

Has there been an update to the government vaccine mandate regarding federal employees?

The federal government recently announced that all federally regulated employees will be required to be vaccinated against COVID-19. This will likely take place in early 2022. This announcement will apply to all federally regulated employees.

Should employees currently on a layoff pursue their severance?

The infectious disease emergency leave has recently been extended once again and is set to expire in July 2022. Some employees have been on a layoff for close to 2 years and will soon be unable to pursue their severance entitlements. Employees do not have to accept a temporary layoff and can choose to treat it as termination and pursue their severance pay.

My wages were deducted over a year ago as I’m carrying a different product for a new customer. Is there anything I can do about this reduction as it’s been so long?

Employees do not have to accept a reduction in pay or hours and employers are not permitted to drastically change the terms of employment without an employee’s consent. Employees should be wary of accepting proposed changes as it allows employers to implement future changes. Employees should act quickly and disapprove of changes as the more time passes, it can be considered that an employee has consented to the change.

As an employer in Ontario, do I have to have a policy in place regarding disconnecting from the workplace?

There are some questions and concerns as to how the right to disconnect will be enforced by employers. Regardless of Bill 27, employees have the right to push back against unreasonable expectations from employers. Employers cannot expect employees to work more hours and undergo tasks that they did not agree to previously.

LEARN MORE
Bill 27, Working for Workers Act

I’m in an executive position but I have started another company, which is not related to the current industry I work in. Will there be any issues with my current job?

Employees in this situation should look closely at their employment contracts in order to determine if there is any language regarding non-competition clauses or conflicting interests. Individuals who are in senior positions could also have other responsibilities and duties that could pose difficulties. Employees who are unsure of their rights could speak to an employment lawyer.

My son worked in a retail position for a bit less than a year. He was let go for cause and but given 2 weeks severance. What are his rights here?

It is difficult to prove termination for cause and employers often incorrectly terminate an employee for cause. Employees who are unsure of their rights should speak to an employment lawyer in order to determine if the for-cause termination was justified. Employees who have been terminated for cause are not entitled to their severance pay and would also not be eligible for employment insurance.

LEARN MORE ABOUT SEVERANCE PAY
Severance Entitlements in Ontario

My mom’s been on disability leave and is recovering after surgery but a few months ago her payments just stopped. What can she do?

Individuals are often cut off or denied long-term disability benefits by insurance companies. Claimants who have their doctor’s support that they are unable to work should not return to work before they are ready to do so and instead should begin the process of filing a legal claim. Hiring a disability lawyer will expedite the process of receiving benefits and allow claimants to focus on their recovery and health.

What is constructive dismissal?

A constructive dismissal occurs when an employer makes a substantial change to the terms of an employee’s position which they do not agree or consent to. Employees do not have to accept the proposed changes and if considering constructive dismissal, can consider their employment as terminated.

I’m a truck driver that’s now been told to work inside a warehouse. This was not part of my job description and I make way less pay now. What are my rights?

Employers do not have the right to impose fundamental changes to an employee’s position without their consent. A major reduction in pay can be considered grounds for constructive dismissal and employees do not have to accept the proposed new terms.