Canadian Employment Law Today

Canadian HR Reporter, 2020 face high levels of stress or anxiety, and offer- ing accommodation where applicable may heighten the morale and take the team fur- ther. That is not an absolute burden on the em- ployer alone, however. Employees need to continue to be mindful of their employers' difficult positions as well, where blanket an- swers and responses may not work in special circumstances and different approaches may be warranted. Many business owners are taking out loans to be able to afford the storefronts that staff employees. Some employers have cut their own salaries, so they do not subject their em- ployees to lower salaries. Unforeseen events such as the current pan- demic can have disastrous financial conse- quences for companies. Larger organizations are typically in a better position to withstand financial turmoil, while smaller mom-and- pop shops may have no choice but to close for good. Employees' understanding and sympathy during this difficult time can be vital in the crawl back to "normal" business operations post-pandemic. With both sides' considerations in mind, a healthy working environment can be fostered by demonstrating support, inclusiveness and respect in both directions of the employment relationship. Who is 'right'? The bottom line is that, while company poli- cies and employment contracts outline most rights and obligations, there are many instanc- es where outlining all expectations is simply not possible. Policies and contracts sometimes fail to capture the human element — the el- ement that, among other things, allows us to sympathize and relate to one another, to keep the relationship despite hard times. Some employers have the best intentions when it comes to their employees, but the abundance of misinformation available on- line and through other means makes it dif- ficult for employers to obtain and implement the right course of action. This results in con- tradictory information and employers rely- ing on inaccurate information, which leaves them at a loss. Not only are laws often confusing to lay- people, various legislation is constantly changing without clear interpretation. With- out legal advice or consultation, employers may misinterpret legislation and begin to implement changes in their workplace that will cost them significantly. On the other hand, employees often do not know their rights and, as a result, agree to unfavourable and unlawful employment terms to keep their job. Employees similarly may receive wrong information from online comments, a conversation with a friend or even a blog. Both employers and employees can get it wrong — this not only ruins their employ- ment relationship but exposes them to con- siderable loss and/or liability. What is worse is that there are people pass- ing off aggressive, unreasonable advice as le- gal advice. Employees may be "right" to demand that their rights be upheld if they believe those rights to be violated. Similarly, employers have the "right" to manage their employees and discipline them as necessary. For the rela- tionship to overcome difficulties, to survive or to grow, some degree of reasonableness and sympathy is required from both sides. Every- one is living in an uncertain time where emo- tions may run higher than logic. This is an unprecedented time. While panic has set, we are still trying to figure out what will work best for everyone, together. Many employees feel they may not benefit from hiring a legal professional, as everything feels like a mess. The same thought is there for some employers. Some act first and justify lat- er — conduct for which our courts have not historically given passes. At a time where panic is the theme and the mood is tense, let reason and logic be your guiding principles. Acting rashly can have lasting effects and create a mess to be untangled. October 7, 2020 | Canadian Employment Law Today CREDIT: RA2STUDIO iSTOCK Unforeseen events such as the current pandemic can have disastrous financial consequences for companies. ABOUT THE AUTHOR Christopher Achkar Christopher Achkar is an employment and human rights lawyer and principal of Achkar Law in Toronto. He can be reached at (647) 946-6440 or by visiting www.achkarlaw.com.

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