Employment Law Show 980 CKNW – S5 E8

Episode Summary

Change in schedules, temporary layoffs, privacy rights, and more on season 5 Episode 08 of the Employment Law Show on Global News Radio 980 CKNW in Vancouver.

Listen below as Employment Lawyer Lior Samfiru, Co-founding Partner at Samfiru Tumarkin LLP, reveals your workplace rights in British Columbia 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, and more.

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Episode Notes

My employer told me I could no longer work the night shift and I’ll be moving to a day shift. This is a big change for me. Can I refuse?

Employers do not have the right to implement fundamental changes to the terms of employment without an employee’s consent. Significant changes can be treated as constructive dismissal despite the pandemic.

I was temporarily laid off recently. Are they required to give me notice?

Employers do not have the right to temporarily lay off their employees, despite COVID-19. Employees who don’t wish to accept the layoff can treat it as termination and pursue their severance entitlements. Employees who accept the temporary layoff should communicate their willingness to be laid off only at the current time and not the future.

My employer is putting a GPS tracking device through an app while we are on-site for payroll purposes. Can they do this?

Unionized employees should speak to their representatives concerning their rights. Employers are permitted to track non-unionized employees while at work or during the workday but cannot use a device or software to collect data while an employee during their personal time.

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Can employees refuse to download tracking apps?

My friend was given 8 months of working notice after 34 years and no mention of severance after. Is this right?

While employers are permitted to give employees working notice, the balance that is due at the end of employment must be accurate. Long service employees are typically entitled to the maximum amount of severance which can amount to 24 months. Before agreeing to a severance offer, employees should contact an employment lawyer as soon as possible. Age discrimination could also be a human rights violation.

I was laid off at the start of the pandemic. I was later terminated and offered a release.  I filed a complaint with the Employment Standards Branch and am waiting to hear back.

The Ministry of Labour and Employment Standards Branch will only advise employees regarding their minimum entitlements and not their full common law entitlements. Severance should be based on a number of factors including the age of an employee, their position and length of employment. It is important for employees to seek legal counsel before agreeing to a severance offer.

My former employer keeps changing their legal team and my wrongful dismissal suit has been ongoing for 3 years. What do I do?

It is important for employees pursuing their entitlements to hire an adequate employment legal team. Wrongful dismissal suits should not take over three years to be settled.

If an employee is paid adequate severance, are they always legally terminated?

While in most cases employees can be generally fired if severance is paid, employees who suffer from a disability cannot be terminated. Employers who terminate an employee due to a medical condition are violating their employee’s human rights. Employees can also not be terminated for pursuing their legal rights, such as unpaid wages.

Can an employer terminate an employee during maternity leave?

Employers cannot terminate an employee on maternity or parental leave or upon their return. Employers have to try and find a comparable position for the returning employee if their previous position is no longer available.