The pandemic didn’t just change where we work, it transformed how we think about work altogether. What began as a temporary shift to kitchen tables and video calls, has now become a permanent preference for remote and hybrid models.
These flexible setups offer advantages to both employers and employees. In fact, many employees are resisting returning to the office. Remote work requests tied to child or elder care, or a medical condition may be a reasonable request to work from home. Employers must assess each case, and if human rights or accommodation issues are involved, they may have to comply. Otherwise, employers do have the right to determine where work is performed.
Employers are finding that remote work comes at a cost to their workplace culture, while the rise in remote work also comes with new legal obligations and potential liabilities around issues such as wages and workplace safety.
With remote work reshaping the workplace, the employment lawyers at Walter Law Group are encouraging employers to stay informed to avoid pitfalls, because missteps can be costly.
Navigating Employment Standards
When employees are working remotely across provincial and international borders, things can get legally tangled fast. Different jurisdictions may mean different rules for statutory holidays, overtime laws, constructive dismissal, and termination rights. An employee’s location could also impact their benefits coverage if a plan stipulates that they must live in a specific province.
For Canadian employers with staff in the U.S., tax obligations add another layer of complexity. Compliance isn’t one-size-fits-all anymore, however many employers do not pay attention to jurisdictional issues. The lawyers at Walter Law Group can help employers understand the laws of each jurisdiction to avoid expensive legal and financial consequences.
Health and Safety Risks
Ensuring workplace health and safety regulations are met in a remote work world can be challenging. Under the Occupational Health and Safety Act, employers are still responsible, but how much control can they exert over a home office? Employers are still grappling with how much control they have over an employee’s work environment when the employee is working remotely. Working from home can inhibit an employer from fulfilling their obligations under the Occupational Health and Safety Act.
Health and Safety Obligations
Under Ontario’s Occupational Health and Safety Act (OHSA), employers have a duty to take every reasonable precaution to ensure a safe working environment and even though enforcement can be more challenging, the obligation does extend to remote workers.
While OHSA does not require employers to inspect a home office, they should take reasonable steps to minimize hazards and educate employees on maintaining a safe work environment.
Ontario’s Workplace Safety and Insurance Act (WSIA) governs workers’ compensation claims for workplace injuries. The Workplace Safety and Insurance Board (WSIB) provides coverage for employees injured in the course of their employment, regardless of location. That means, if an employee is injured while performing work-related duties at home, they may be eligible for WSIB benefits, provided they can demonstrate that the injury arose out of and in the course of their employment.
When determining WSIB coverage for remote employees, key considerations include the nature of the injury. Was it work related and caused by job duties? Did it occur during established work hours? To what extent does the employer regulate or influence the employee’s work environment?
For instance, if an employee trips over a power cord during a work-related video call, the injury may be compensable under WSIB. However, if the employee slips in the kitchen while making coffee, a personal activity unrelated to work, the claim’s eligibility becomes questionable.
Walter Law Group lawyers stress that beyond WSIB claims, employers may also face potential liability under common law for negligence if they fail to take reasonable steps to protect remote workers. To mitigate risks, employers should:
- Implement clear remote work policies outlining expectations for workplace safety and reporting issues
- Ensure that employees understand their rights and responsibilities when working remotely
- Encourage employees to report safety concerns promptly
- Document all efforts made to support safe remote work practices.
The Future of Remote Work and Legal Compliance
As remote work becomes more permanent, Ontario lawmakers may craft new rules to address emerging concerns, from home office safety to work-hour boundaries. Employers must stay informed and update policies to align with legal shifts.
While remote work introduces unique legal twists, risks can be reduced through clear communication, strong safety protocols, and a focus on employee well-being. Both employers and employees share responsibility in ensuing that the home office is a safe and productive work environment.
How Walter Law Group Can Help You
At Walter Law Group, we provide employment advice throughout Northern Ontario. We are your regional source for legal guidance, whether you are an employer or an employee. Our service includes helping employers draft policies to conform to law.
Where disputes arise, we may represent employers or non-unionized employees. Unionized employees should consult their union representatives.
At Walter Law Group, we understand that legal challenges can arise unexpectedly, and that’s when you need trusted support the most. As experienced employment lawyers, we are committed to protecting your rights in the workplace.
If you need advice or representation, please contact us to determine if we are the right lawyers for you.
Contact Walter Law Group at (905) 822-2646 or visit online.