Employment Law Show 640 Toronto – S9 E87

Episode Summary

COVID-19 testing and vaccines, layoffs, reduction in pay, and more on Season 9 Episode 87 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

My employer wants me to do regular COVID-19 tests throughout the week. Do I have to agree to this? I’m not vaccinated.

Generally, employees who do not agree to do a COVID-19 test and lose their jobs would be owed severance unless there is a government mandate in place or if the COVID-19 test is necessary to maintain the health and safety of the workplace. If employees refuse to co-operate with mandates or policies they can be terminated without severance, however, this is not common.

I was hired during the pandemic and always worked from home. I thought my job was remote however recently my boss asked me to come into the office and if I don’t I will have resigned. Is this right?

It is important for employees to remember that the terms of employment cannot be changed fundamentally without an employee’s consent.  A significant change can lead to constructive dismissal and an employee would have been considered terminated and owed severance. While many employees have worked remotely during the pandemic, if it was not an initial term of employment, their employers are permitted to request a return to the office.

Will my employer be able to fire me if I’m not vaccinated?

Employers are able to let employees go for any reason, whether or not it is legal. If an employee is terminated due to their vaccination status they are still owed severance upon termination and cannot be fired for just cause. In some cases employees could also be owed further human rights damages.

I was initially laid off at the start of the pandemic and then worked some part-time hours. My employer is not able to pay me my regular compensation or hours yet. What should I do?

Employees who have been laid off or had significant changes made to the terms of employment can treat it as termination or constructive dismissal and pursue their severance entitlements. Employers do not have the right to temporarily lay off employees or make significant changes to their positions without an employee’s consent, despite the pandemic. Employees should also be wary of accepting a change of employment for a long period of time as it can be considered as implied consent to the change.

Can my employer keep me on a layoff indefinitely?

Employers do not have the right to lay off employees indefinitely and employees have the right to treat the layoff as a termination of employment. Employers are able to keep employees on a layoff as long as they continue to accept it.

Can my employer change my schedule or compensation as a result of COVID-19?

Employees should be aware that despite the pandemic, significant changes cannot be made to the terms of employment such as ar reduction in pay, change in schedule, relocation, etc. Employees can choose to accept the change or treat it as a constructive dismissal and pursue their severance.

Can I be put on a performance improvement plan by my employer?

Employers can put an employee on a performance improvement plan provided the criticism is legitimate and the plan actually helps the employee improve. Performance improvement plans will not be considered legitimate if the claims made are false and the steps implemented are not helpful. Employees who do not agree with a performance plan should communicate their dissent in writing. It is important to document an employee’s disapproval in order to help their case if they are eventually let go.

WATCH TO LEARN MORE
Employment Law Show Season 4 Episode 4 – Performance Improvement Plans

My friend provided her employer with a doctor’s note stating she could not work. After she was pressed about her medical condition she informed them she had depression but was told to come into work anyway. What are her rights?

Employers are not permitted to ask about the specifics of an employee’s medical condition, and should only request a doctor’s note confirming an employee is unable to work and for how long. Penalizing an employee or refusing to accept an employee’s medical condition is considered a human rights violation and an employee in this situation can treat this as constructive dismissal.