Employment Law Show 640 Toronto – S9 E64

Episode Summary

Vaccinations in the workplace, constructive dismissals during COVID-19, vacation time, and more on Season 9 Episode 64 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan 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

In some cases in the U.S, employees who refused vaccines were fired. Will this happen in Canada?

While employment laws in the United States differ significantly from Canadian employment laws, there are certain limitations to certain behaviours and conduct exhibited by employees in Canada. It could be possible in certain settings, such as in a long-term care home or health care setting, employees might face vaccination policies in the workplace.

Learn More
Can my employer force me to take a COVID-19 vaccine?
Lior Samfiru on COVID-19 vaccines and employee rights

My employer is forcing me to work on Saturday but knows it’s against my religion. He’s threatening to let me go if I don’t come in. What should I do?

An employer has to accommodate an employee’s religious beliefs up until the point of undue hardship. Employers cannot terminate an employee or penalize an employee for practising their religion or for reasons related to race and gender; it is considered discriminatory.

My company reduced my hours since last year and has not said when I will return to full-time. Can I force them to return my schedule to regular hours?

An employer can impose certain changes on employees however employees do not have to accept these changes. A significant change to the terms of employment, such as a drastic reduction in hours and compensation, can lead to a constructive dismissal in Ontario.

A co-worker keeps harassing me and despite speaking to HR nothing has been done. Who do I speak to and what are my options?

Employees have a right to work in a safe and healthy work environment and do not have to work in a toxic work environment. Employees who feel their concerns are not addressed and do not want to resign should file a complaint with the Ministry of Labour. Employees who are unable to continue working under such conditions if possible should speak to their doctors about a leave of absence and pursue benefits for short-term disability.

My wages are about to be cut but I’m considered a contractor despite not being able to work for anyone else. Am I actually an employee?

Many individuals are considered to be contractors when they are in fact employees. Employees do not have the ability to set their own schedules as well as clientele and work solely for one company. There is also an in-between category that describes a dependent contractor in which an individual is dependent on a sole company and is still entitled to employee rights.

I have not taken a vacation in two years. Can I ask my company to pay for my vacation since I couldn’t use it?

Employers can dictate when an employee is permitted to take their vacation, however, an employee is entitled to take a vacation period annually. Employees should look closely at their company policy regarding vacation and vacation pay.

Am I obligated to relocate with my company or can I refuse and pursue severance?

In most cases, an employee is able to refuse a relocation and pursue a constructive dismissal and their severance entitlements. Employees who have agreed to relocation in their contracts, however, will not be able to do so.