Employment Law Show: Ontario – S10 E66

Episode Summary

Can an employer record employees at the workplace? Are truck drivers owed overtime pay? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers those questions and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live, Mondays to Thursdays, on 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers. 

Listen to the Episode

Show Notes

• Construction employees and severance entitlements: Many employees who work in the construction industry are under the impression that they do not receive severance after termination. This statement is a misconception and is inaccurate. Non-unionized employees are entitled to severance pay and it is calculated just like an employee in any other industry.
• Recording and surveillance of employees: Employees are permitted to record conversations at the workplace that which they are a participant. It is not permissible in Ontario to record conversations of other colleagues without consent if the employee in question is not a part of the discussion. Recording audio in the workplace without consent could be considered a criminal offence and it is not legal.
• Temporary layoffs and reduction in pay: Many workplaces and businesses have undergone changes as a result of the pandemic. Despite the pandemic, employers did not have the right to place employees on a temporary layoff without their consent. Employees on a temporary layoff have the right to treat the layoff as termination and pursue their severance entitlements. This is also true for a dramatic reduction in pay. Employees who have experienced a serious reduction in compensation can pursue constructive dismissal.
  
• Lost employment due to vaccination status: While employers were permitted to terminate employees due to their vaccination status or for a refusal to receive a vaccination, they are owed severance pay. Employers cannot terminate employees for cause due to vaccination status, it is considered a wrongful dismissal unless the employee worked in a sector in which vaccines were mandated.
• Truck drivers and overtime pay: Truck drivers are owed overtime pay but the amount of pay and threshold for what is considered overtime will depend on the nature of the driver’s routes. Drivers in Ontario are owed overtime pay after over 60 hours of work.
• Major relocation leads to constructive dismissal: A fundamental change to the terms of an employee’s job can lead to constructive dismissal. This change can be a demotion, a major reduction in pay, or a relocation that seriously inconveniences an employee.
• Mental health absences and leave: It is important for employers not to question an employee’s mental health leave if it is supported by a doctor and treating medical team. Employees are permitted to take a leave of absence for depression, anxiety, etc., but do not have to share the nature of their leave with their employer. Denying an employee’s leave or penalizing an employee can be considered a human rights violation.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job. Used successfully by nearly 2-million Canadians. 
• Watch our TV Shows: Get further clarity on your rights by watching episodes of our popular TV show.