The rights of gig workers, privacy among 2021 employment issues

From the rights of gig workers to employer tracking apps, Toronto employment lawyer Jeffrey M. Andrew, a partner with Cavalluzzo LLP, shared his opinions on this past year’s workplace issues.

In January, he told LegalMattersCanada.ca that a seemingly private opinion posted on social media may not be quite as harmless as employees believe and could well cost them their job. “People are dismissed because they’ve been publicly identified posting something that’s considered unacceptable, even though there is nothing to immediately tie them to their employer. You have to be careful. Free speech is not as free as you believe. It doesn’t immunize you from the consequences of your actions.” Fair comment or foul? That online post could cost you your job

While calling new legislation aimed at addressing harassment and violence in federally regulated workplaces a step forward, Andrew said more should be done to ensure a “more sophisticated approach” to investigations following a complaint. Better investigations are needed to complement workplace safety law

More regulation needed to protect gig worker rights

More “express regulation” is necessary to protect the basic rights of poorly paid gig workers, he noted in March. “It would be good for people in the gig economy if the government stepped in to provide more direction. That is the most effective way forward but governments, for whatever reason, seem to be slow on the uptake. Hopefully, that changes.” Governments can do more to help underpaid gig workers

Andrew weighed in on Uber’s proposal to tweak labour laws in order to give app-based gig workers benefits saying it could be viewed as an attempt to distance the company from being defined as an employer. Weighing the benefits of the plan to help gig workers

In May, he explained tracking apps on the job are not necessarily intrusions to be feared by workers. However, employers must take the time to understand their capabilities and ensure they don’t violate privacy rights and carefully explain it to staff. Employers need to educate themselves on work tracking apps

While the right to refuse Sunday work is becoming much less common, Andrew said that employers still have a duty to accommodate those who make a legitimate request. Sunday work, employees’ right to refuse, and employers’ obligations

Many people re-evaluating work lives

In August, he said the economic turmoil brought on by the coronavirus pandemic caused many people to re-evaluate their work lives but how that will ultimately impact the workplace remains to be seen. Do employees have upper hand in post-pandemic world? That depends

When it comes to making a constructive dismissal claim it is never wise to assume you have the legal high ground, Andrew advised in October. “It can be a mistake to simply assert constructive dismissal without getting legal advice because if you’re wrong, the loss of employment and income could be significant.” Don’t make assumptions when claiming constructive dismissal

A Supreme Court ruling denying a unionized employee the right to challenge her termination before a human rights tribunal – her only recourse was through her union and the grievance arbitration process in its collective agreement – was a “strong statement,” re-affirming and expanding existing jurisprudence, he commented in November. Human rights tribunal has no power to rule on union worker’s claim: SCC