Employment Law Show: Alberta & B.C. – S6 E15

Episode Summary

Can you be demoted after taking medical leave? How should employers deal with bullying? Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP answers those questions and more on the Employment Law Show. 

LISTEN BELOW to Western Canada’s only radio show about your employment rights in the workplace, every Sunday at 4 p.m. PT on 980 CKNW in Vancouver, and 5 p.m. MT on 770 CHQR in Calgary and 640 CHED in Edmonton, as the show takes calls from listeners and provide vital answers to employees and employers.

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Show Notes

• The sales manager had to take disability leave and returned to demotion: Employees do not have to accept major changes to the terms of their job, such as a reduction in pay, demotions, change of location, etc. Employees on a disability leave must be offered their same position upon a return from leave or a comparable position if their original job was no longer available. A major change to the terms of employment can result in constructive dismissal.
• Terminated senior employees due to vaccination status: Employees that did not work in an industry that had a government-mandated vaccine policy could not be terminated for cause as a result of their vaccination status. Employers are within their rights to terminate employees without cause however must pay adequate severance pay. Employers should also be aware that terminating employees with a medical exemption could lead to additional damages.
• Employers that fail to deal with workplace harassment: Employers are obligated to investigate all complaints of harassment within the workplace in an unbiased manner and resolve the situation. Employers that fail to correctly investigate and resolve claims of bullying and harassment face statute violations, including potential human rights violations.

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