More than two years after the COVID-19 pandemic first hit Canada, we are in a different place, in that the majority of working Canadians are now vaccinated, provincial mandates have been lifted, and many people have begun a return to a pre-pandemic life. While many employees never left the workplace, many more have been working remotely throughout the pandemic and are now facing either a full return to the workplace or some sort of hybrid work. As such, employers need to consider whether or not accommodation may be required for employees who cannot return or do not want to return. This insight, which focuses on Ontario workplaces, will explain the different factors to be considered by employers who are moving in the direction of full or partial returns to the workplace.
Before looking at the reasons why employees may not want to or may be unable to return to the workplace and whether accommodation may be required, employers should first consider one fundamental question: “Do employees actually need to return to the workplace?” The guiding principles in determining this issue will be: (i) the employer’s continuing obligations to ensure the health and safety of employees under the Occupational Health and Safety Act (Ontario) (OHSA); and (ii) the nature of the workplace. An employer’s obligation is to protect their employees in the best way possible. That may include a consideration of continued vaccination...
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