Employment Law Show 640 Toronto – S9 E44

Episode Summary

Temporary layoff, change in schedules, denied benefits, and more on Season 9 Episode 44 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.

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Episode Notes

Court decision ruled that a temporary layoff can be treated as a termination.

The Infectious Disease Emergency Leave allows employers to put employees on a temporary layoff, currently up until July 3rd. Despite this decision, temporary layoffs can still be treated as a termination by employees and they can choose to pursue their severance.

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COVID-19 Layoffs can be a constructive dismissal

Can an employee be fired for refusing to be vaccinated if vaccinations are not mandatory?

For most employees, their employer cannot require them to be vaccinated or penalized if they are not vaccinated. In some situations, such as in health care settings, an employer may be able to require employees to be vaccinated.

I went for a hearing appointment and was told my hearing had gotten worse. I used to work in an oil refinery. I applied for benefits as I had substantial hearing loss. My claim was denied. Should I appeal?

It is important for claimants to file a legal claim within the deadline after an initial denial as there is typically a two-year limit after the date of the denial.

Why is it a mistake to search for legal advice online?

Many individuals who seek advice from the wrong sources will inevitably lead to a limitation of their own employment rights.

Why is it a mistake to sign an employment contract without seeking legal counsel?

Employment contracts often eliminate an employee’s rights or give more power to an employer. It is important before signing an employment agreement to contact an employment lawyer.

I work for a courier company as an independent contractor. The company charges their clients’ fuel service surcharge. Are we entitled to any surcharges?

Independent contractors are entitled to whatever they have previously agreed upon in terms of compensation. It is important to take a closer look at the agreement to determine what individuals are entitled to. It is also important to remember many individuals are misclassified as independent contractors when they are in fact employees.

Why is it a mistake to wait too long to do anything if there have been changes to the terms of your employment?

An employer does not have the right to change the fundamental terms of employment of an employee. employees can refuse the changes and treat the change as constructive dismissal. For employees who wait too long to refuse the change, there is an implied consent of the changes and permission for an employer to make changes in the future.

My employer changed the terms of my contract. I was only about to work 4 days a week and now he wants me to work 5. When I refused I was terminated and not offered severance or notice. What do I do?

Employers cannot change the terms of employment without an employee’s consent. While an employer is within their rights to terminate an employee without cause, severance pay must be offered. Employees cannot be let go due as a result of a medical condition as doing so is considered a violation of an employee’s human rights.

I work as a delivery driver and don’t have any benefits. Due to an outbreak, I’ve been told to stay at home and my employer is not giving me any compensation. Can they do this?

The Canada Recovery Benefit is a source of income for individuals who are unable to work due to COVID-19 and is available for anyone who has to quarantine or isolate due to a workplace outbreak.

What should an employee on a medical leave do to maintain their relationship with their employer?

it is important for employees who are on medical leave to remain in touch with their employer and inform them of their medical condition and when they will be ready to return to work.

My employer wants me to work seven days a week. I cannot work Sundays but he is insisting I come in because he is understaffed. What am I entitled too and what can I do?

An employer cannot change the terms of employment without an employee’s consent and cannot penalize an employee for refusing the changes. An employer can terminate an employee without cause but they are entitled to their full severance.