Employment Law Show 640 Toronto – S9 E36

Episode Summary

Employers not following health and safety guidelines, modified work plans, changes to schedules and more on Season 9 Episode 36 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Lior 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

I’d been laid off due to COVID-19 and never been recalled. I found another job in the meantime. My old employer discovered my new position and said I’d resigned. What do I do?

Employees who are laid off can treat the layoff as a termination and can choose to pursue severance. Employees cannot be considered to have resigned if they have already been laid off/terminated.

My father is waiting on hip surgery. Can he take leave before the surgery? He can barely get into his car to go to work.

Employees are allowed to take a leave with their doctor’s permission and approval. Employers cannot penalize an employee while on medical leave.

My wife’s garden centre area will be shut down soon and they want to put her into the main area of the grocery store. She can’t handle the cash in the main area. What should she do?

Employees can request a doctor’s note advising their employer if they are unable to do the functions of their position. Employers are not obligated to lay off employees upon their request if there are no medical conditions.

My sister found out from a colleague there was a positive COVID-19 case at her work. She’s trying to observe the proper measures but no one at her workplace wears a mask. What are her rights?

Employers are obligated to protect employees and follow health and safety regulations. Employees should file a complaint with the Ministry of Labour under the Occupational Health and Safety branch in order to implement an investigation. Employees cannot be penalized for filing a complaint.

Can employees insist on working from home?

Generally, employees have been unable to insist on working remotely even if they were able to work from home. Employees who have a medical condition however would have to be accommodated. WIth stay-at-home orders, however, employers are expected to allow employees to work remotely if possible.

What does an employer have to do to keep employees safe?

Employers are obligated to keep the workplace safe. Employers have to follow all health and safety guidelines implemented, such as mask-wearing, limit the number of people in the workplace, etc.

Throughout the pandemic, I’ve voiced concerns of workload but was told I was going to be written up. I went back on leave and am now back on modified duty. I’ve been going to therapy. What do I do if this letter is served to me?

Generally, if an employee does not agree with the write up they can respond and refute the claims professionally. Employers are permitted to have expectations of employees however if an employee is unable to meet the demands, they should contact their doctor.

What should employees do if a workplace is not following health and safety protocols?

Employees can refuse to work if they feel the work environment is unsafe. Employees who are unsatisfied with health and safety changes should file a complaint to the Ministry of Labour. Employees cannot be penalized for voicing concerns.

My department is being shut down and I’m scheduled to go on maternity leave in a few weeks. What happens to my severance and mat leave?

Employees cannot receive E. I and income at the same time. The payment period will have to be negotiated so that an employee is able to receive their severance as well as maternity leave income.

My nephew’s new employer has decided to send him to new sites even though his employment was supposed to be remote working from 9-5 pm. His schedule is constantly changing. What should he do?

Employers are not permitted to change the fundamental terms of employment, such as significant a change to the schedule. This can be considered grounds for constructive dismissal.

My aunt’s company is moving and taking over another company. She’s been given no options and takes the bus to work.

Employers cannot force employees to relocate and are considered grounds for constructive dismissal. If an employer has given advance notice, it does factor into an employee’s severance.