Employment Law Show 640 Toronto – S9 E55

Episode Summary

Returning to work after COVID-19, vaccines, terminated after maternity leave, and more on Season 9 Episode 55 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

I have a medical condition and my doctor advised against returning to the office. I had a doctor’s note but my employer wants to know what my medical condition is. Do they have the right to know?

Employers are permitted to ask an employee regarding their prognosis and possible accommodations but not the specifics of the medical condition. Any other information is not relevant.

What happens to employees who have re-located and their employers want them to return to the office?

As many workplaces return to pre-covid situations, employers are within their rights to ask employees to return to the office. Employees should not assume their work from the home arrangement will be permanent. It is important for employees to communicate their concerns with their employer as well as possible relocation plans.

While on maternity leave, my employer wrote on my ROE that I’d resigned. Can they do this?

Employees that are on maternity leave could not have been considered to have resigned. Employers who terminate employees while on maternity leave or upon return from maternity leave are potentially violating their employee’s human rights.

Can employers pressure employees to be vaccinated?

In Canada currently, the issue of mandatory vaccinations is new and there are no court decisions on the issue. Employers at this time cannot mandate vaccines in the workplace with few exceptions; such as positions possibly in the healthcare sector.

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• Can my employer force me to be vaccinated?

In restaurants, can employers ask their servers to be vaccinated?

If public health authorities do not specify that servers have to be vaccinated, the employer cannot decide for themselves if their employees have to be vaccinated.

What options do employees have if they are scared to return to work?

If employees are deemed able to return to the workplace and employers are following health and safety guidelines, employees do have to return. Employees who refuse to return are considered to have resigned from their position. Employees who have a medical condition should speak to their doctors for a note stipulating possible accommodations.

I have a subcontractor who’s not feeling comfortable returning to a factory that had a COVID-19 case, and I need to find a replacement. How do I handle this?

If a workplace is following health and safety guidelines, employees are expected to return and if they do not, they are considered to have resigned.

Are employees able to stay at home if their children are not returning to school?

Employees do have protection under Family Status if they have childcare obligations and are permitted to remain at home from work. Employees have a job-protected status as a result.

What should employees do if their employer is not taking COVID-19 precautions?

Employers have an obligation to provide a healthy and safe work environment and take all necessary precautions. Employees who feel their workplace is unsafe can refuse to work as well as file a complaint with the Ministry of Labour.

How has severance been impacted by the pandemic?

Due to the economic environment and the possibility of future employment, severance entitlements could be increased as it is more difficult to find employment.