With a current uptick in COVID-19 cases in Canada linked to two new variants, along with the usual cold and flu season, employment lawyer Brittany Taylor said it's crucial that both employers and employees take the time now to consider how to handle sick days.
Stuart Rudner offered his take on what would happen if a worker refuses to return to the office.
Legally, employers can dictate where their employee works from, unless there is a specific clause in the employee’s contract that specifies remote work as an option, according to Nadia Zaman.
“The employer has the right to determine where work will be performed,” stated Stuart Rudner, founder of Rudner Law, told HRD.
So far, the courts have agreed that a temporary layoff, even under IDEL, does not mean an employee can’t file for constructive dismissal, said employment lawyer Stuart Rudner, unless the employer had workers sign an agreement to the contrary, which many did not.
Nadia Zaman, an employment lawyer with Rudner Law in Ontario, who is not representing the firefighters, says court will consider the impact of people working closely together or with members of the public, especially if they are vulnerable.
CBC News Network's Aarti Pole speaks with Nadia Zaman, an employment lawyer with Rudner Law in Markham, Ontario, about the difficult transition of going back to work as restrictions ease.
Nadia Zaman, an employment lawyer with Rudner Law in Markham, Ont., said she and her colleagues have fielded an increasing number of return-to-workplace questions in recent months.
“The employer has the right to determine where work will be performed,” stated Stuart Rudner, founder of Rudner Law, told HRD.
What could the legal issues be if businesses continue to impose proof of vaccination or masking once those public health orders are lifted? Stuart spoke to Matt Young with CTV Saskatoon to hopefully provide some clarity. Segment starts at the 10:00 mark.
