www.hrreporter.com 23
At KPMG Law, we understand that developing a resilient operating model to
support an empowered workforce requires a holistic, enterprise-wide approach
— a reimagined view of the way our teams work together to better serve our
clients.
Corporate and institutional clients choose KPMG Law because they know our
employment and labour lawyers bring a broader perspective than traditional
business and employment law firms. Our connection with KPMG's global
network allows our employment & labour group to work closely with other KPMG
professionals — including leaders across tax, accounting, advisory — to ensure that
our clients receive holistic and far-reaching solutions to their workplace concerns.
For more information, visit https://home.kpmg/ca/en/home/services/
kpmg-law.html
ABOUT KPMG LAW'S EMPLOYMENT & LABOUR PRACTICE:
Recalling and accommodating
employees
In recalling employees from layoff,
employers should be aware of any
procedural requirements set out in
employment standards legislation that
may dictate when and how employees
are to be recalled to work.
There may be some employees who
refuse to return to work when recalled.
This requires an employer to consider
the reasons for the refusal and whether
any legal obligations are triggered. For
example, with school closures extended,
an employer may have a duty to
accommodate those employees unable
to return to work due to childcare
responsibilities.
Limited circumstances may also
provide an employee with the right to
refuse work under occupational health
and safety legislation.
C o n v e r s e l y, a n e m p l o y e e ' s
unreasonable refusal to return to work
poses other legal issues. This includes,
for example, whether the employee
can be terminated for just cause or can
be deemed to have abandoned their
employment.
Inclusion and diversity matters
A wave of social movements has
prompted many employers to reflect
on how they can combat racism and
systemic discrimination in the workplace.
It is important for employers to know
the types of information they can,
and should, collect from employees to
understand related gaps in the workers.
Employers must also consider how
workplace policies and procedures can be
revised to address diversity, inclusion and
equity.
The Canadian government has also
taken steps to help promote a more
equitable and inclusive workplace. For
example, federally regulated employers
will face more stringent requirements
around workplace harassment and
violence prevention and response,
effective Jan. 1, 2021.
The government has also recently
released its proposed Pay Equity
Regulations for public consultation,
which seek to ensure that women and
men in federally regulated workplaces
receive equal pay for work of equal value.
A m e n d m e n t s t o t h e f e d e r a l
Employment Equity Regulations have
also been announced, which would
introduce new pay transparency
measures to help address wage gaps
impacting women, Indigenous Peoples,
visible minorities and persons with
disabilities.
CHRR
LISA CABEL, national leader
RICHELLE POLLARD, partner KALEY DODDS, senior associate DEREK KLATT, associate
