Employment Law Show 640 Toronto – S9 E82

Episode Summary

Vaccine policies in the workplace, employment contracts, temporary layoffs, and more on Season 9 Episode 82 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, Partner 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

Many employers are giving employees the option of either being vaccinated by a certain date or facing termination and/or unpaid leave.

Employees should remember that in Ontario, there are no provincial vaccine mandates in places of work for most sectors. Unionized employees have to communicate with their unions in order to pursue their rights. Employees will have to choose in the practical sense, between being vaccinated or losing their jobs. Employees who are terminated are still entitled to their full severance.

The Infectious Disease Emergency Leave is scheduled to end at the end of September. What will this mean for employees on a layoff?

Employees should remember that they are not obligated to accept a temporary layoff and can choose to treat the layoff as termination and pursue severance. Employees who are not called back to work after IDEL ends are considered to be terminated and should contact an employment lawyer as soon as possible. It is possible that IDEL could be extended once more.

Should employees returning from temporary layoffs be wary of signing employment contracts?

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Infectious Disease Emergency Leave

Employment contracts almost always favour the employer and limit an employer’s liability and risk, particularly in regards to layoffs and severance upon termination. Employees should not agree to sign an agreement without looking closely at the contract and ideally should seek legal advice.

My employer is not offering COVID-10 testing as an alternative to being vaccinated. Can they do that?

Non-unionized employees who are not offered the alternative of rapid testing instead of vaccination could have the argument that their employer’s policy is unreasonable. In Ontario, there are no vaccine mandates in place for most workplaces and employees who are put on unpaid leave can pursue constructive dismissal. Unionized employees can only speak to their representatives regarding their employment rights and vaccine policies.

Is it better to have a verbal agreement or a written contract?

Employers benefit from a written and documented employment contract however employees will benefit from a basic agreement or a handshake agreement. Contracts often seek to limit an employee’s rights and protect an employer.

My wife is fully vaccinated but is nervous about a co-worker who refuses to get vaccinated. Is there anything that she can do if she’s uncomfortable?

Employers are obligated to follow public health and safety measures and follow what public health offices have mandated. The provincial government has not mandated vaccination policies for most sectors. Employees who feel their employers are not following guidelines should communicate their concerns.

What should employees look for in an employment contract?

Employees should look carefully at language in an employment agreement surrounding termination; this can be in regards to termination for cause, without cause termination, severance entitlements, layoffs, etc. Contracts that are introduced mid-employment can only be enforceable if an employee is provided with something in exchange for signing the agreement such as a signing bonus.