Latest news with #SuniraChaudhri
Global News
06-07-2025
- Business
- Global News
What Canadians' options are as companies push a return to office
As the number of in-office days is set to increase for many of Canada's hybrid workers, return-to-office mandates are setting the stage for tension between employees and employers. Remote and hybrid work spurred by the COVID-19 pandemic is giving way to arrangements more closely aligned with traditional office norms now that labour market conditions have swung in companies' favour. Some of Canada's largest financial services firms, including several of the big banks, have said they will shift to four in-office days a week beginning in the fall. Employment lawyers say they are hearing from clients who don't want to lose one or more of their at-home days, but that companies are taking a harder line compared with a few years ago when a lower unemployment rate meant the market favoured job-seekers rather than their bosses. 'Now, it seems with economic uncertainty, employers have bigger leverage to basically impose unilaterally that kind of stuff and tell people, 'If you don't like it, you might as well go,'' Philippe de Villers, the chair of Chartered Professionals in Human Resources Canada, said in an interview. Story continues below advertisement If you're in that situation, it may feel like you must choose between getting with the program or getting a new job. Though that may be true in many cases, experts say there are some other options. The basic choice One option for employees who don't want to return to the office is to look for another job, said Sunira Chaudhri, founder and partner at Workly Law, in an interview. 'Employees are considering career changes en masse, and as you can expect, those that are facing a stricter return to work protocol that do not align with that are, more likely than not, looking to jump ship and find a more flexible arrangement if they're simply not on board.' 4:38 Calgary Downtown Association pushes for more workers to return to the office in the core Return to office trends are more common with enterprise-level companies like banks and accounting firms compared with small businesses or ones in industries more concerned about retaining talent, Jon Pinkus, employment lawyer and partner at Samfiru Tumarkin, said in an interview. Story continues below advertisement BMO, RBC and Scotiabank have all stated that more workers will be required to be in the office four days a week beginning in the fall, citing operational improvements and opportunities for collaboration. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy If an employee doesn't wish to leave their current position, and doesn't require an accommodation based on their family status or medical needs, they may need to comply with return-to-office mandates set by their employer. Family status Exceptions may need to be made based on family circumstances. Family status is an issue that may require accommodation, and one where employers must be 'pretty careful,' Chaudhri said, as many employees with young children have framed their days around childcare responsibilities. She said childcare responsibilities may need to be accommodated if they cannot be met by going back into the office on a full-time basis. For example, she said it may be difficult for someone to pick up a child from daycare if they are required to be in downtown Toronto until 5 p.m. 'If it's just impossible or unreasonable for an employee to make those types of changes, an employee can seek an accommodation with respect to family status, and say, 'I actually have to be in my neighbourhood at 4:30 p.m.,' as an example,' Chaudhri said. Medical accommodations If a person's medical needs have changed since they were in the office on a more full-time basis before 2020, Chaudhri said employers may need to consider medical accommodations. Story continues below advertisement 'Employers need to be pretty aware and cognizant of the fact that accommodations might need to be a real part of the conversation of moving people back to work most of the time,' she said. Pinkus said medical accommodations are one of the most common issues he is seeing among clients regarding return-to-office mandates. 1:55 Tech Talk: Dell's return-to-office roadblock & California's cellphone ban in schools He said employees may need accommodations for issues that may make it difficult for an employee to drive or sit for long periods. Other issues could include things like access to medication that may not be practical to bring into an office or needing to be close to a hospital or doctor. 'You do have an obligation as an employer to accommodate someone up to the point of what's called undue hardship,' Pinkus said. Undue hardship refers to a significant difficulty or expense related to accommodating an employee's needs or requests, according to Toronto-based law firm Achkar Law. Story continues below advertisement Legal action Pinkus said if an employee started working from home full time during the COVID-19 pandemic, and their employer didn't communicate whether the arrangement was temporary or permanent, but is now trying to get them back into the office four days a week, it could be considered a breach of contract. However, he said that if there was clear communication by the employer that remote working wouldn't last forever, it would be more difficult for an employee to launch any legal action. Pinkus said employees considering refusing to return to the office should be 'very careful' because if their employer did have the right to compel a return to the office, it could be considered abandonment of employment — meaning the worker is not entitled to severance pay. 'If you're wrong about it, the consequences are quite serious.' 3:11 BIV: Office vacancies hit record high in Downtown Vancouver Under certain circumstances, Pinkus and Chaudhri say a constructive dismissal may factor in. Story continues below advertisement According to Pinkus, constructive dismissal can occur if an employer changes the fundamental term of their employment without sufficient notice and without the employee's consent. 'There is precedent for the notion that an employer can't simply take someone from a telecommuting role and put them in a non-telecommuting role without their permission,' he said. If an employer has stuck with a remote or hybrid working arrangement for a long time, then Chaudhri said some employees might say 'this is my new normal,' and the return to office constitutes a 'meaningful change to my employment.' 'In some cases, employees may allege that their contract of employment has been breached and seek wrongful dismissal damages,' she said. Chaudhri added that companies have been very systematic about slowly increasing in office days over time, which she thinks is in large part to avoid 'the likelihood of success of a constructive dismissal claim.' She said it is up to the employee to prove they have been constructively dismissed, which can be difficult.
Winnipeg Free Press
06-07-2025
- Business
- Winnipeg Free Press
Amid a renewed return-to-office push, experts outline what your options are
As the number of in-office days is set to increase for many of Canada's hybrid workers, return-to-office mandates are setting the stage for tension between employees and employers. Remote and hybrid work spurred by the COVID-19 pandemic is giving way to arrangements more closely aligned with traditional office norms now that labour market conditions have swung in companies' favour. Some of Canada's largest financial services firms, including several of the big banks, have said they will shift to four in-office days a week beginning in the fall. Employment lawyers say they are hearing from clients who don't want to lose one or more of their at-home days, but that companies are taking a harder line compared with a few years ago when a lower unemployment rate meant the market favoured job-seekers rather than their bosses. 'Now, it seems with economic uncertainty, employers have bigger leverage to basically impose unilaterally that kind of stuff and tell people, 'If you don't like it, you might as well go,'' Philippe de Villers, the chair of Chartered Professionals in Human Resources Canada, said in an interview. If you're in that situation, it may feel like you must choose between getting with the program or getting a new job. Though that may be true in many cases, experts say there are some other options. The basic choice One option for employees who don't want to return to the office is to look for another job, said Sunira Chaudhri, founder and partner at Workly Law, in an interview. 'Employees are considering career changes en masse, and as you can expect, those that are facing a stricter return to work protocol that do not align with that are, more likely than not, looking to jump ship and find a more flexible arrangement if they're simply not on board.' Return to office trends are more common with enterprise-level companies like banks and accounting firms compared with small businesses or ones in industries more concerned about retaining talent, Jon Pinkus, employment lawyer and partner at Samfiru Tumarkin, said in an interview. BMO, RBC and Scotiabank have all stated that more workers will be required to be in the office four days a week beginning in the fall, citing operational improvements and opportunities for collaboration. If an employee doesn't wish to leave their current position, and doesn't require an accommodation based on their family status or medical needs, they may need to comply with return-to-office mandates set by their employer. Family status Exceptions may need to be made based on family circumstances. Family status is an issue that may require accommodation, and one where employers must be 'pretty careful,' Chaudhri said, as many employees with young children have framed their days around childcare responsibilities. She said childcare responsibilities may need to be accommodated if they cannot be met by going back into the office on a full-time basis. For example, she said it may be difficult for someone to pick up a child from daycare if they are required to be in downtown Toronto until 5 p.m. 'If it's just impossible or unreasonable for an employee to make those types of changes, an employee can seek an accommodation with respect to family status, and say, 'I actually have to be in my neighbourhood at 4:30 p.m.,' as an example,' Chaudhri said. Medical accommodations If a person's medical needs have changed since they were in the office on a more full-time basis before 2020, Chaudhri said employers may need to consider medical accommodations. 'Employers need to be pretty aware and cognizant of the fact that accommodations might need to be a real part of the conversation of moving people back to work most of the time,' she said. Pinkus said medical accommodations are one of the most common issues he is seeing among clients regarding return-to-office mandates. He said employees may need accommodations for issues that may make it difficult for an employee to drive or sit for long periods. Other issues could include things like access to medication that may not be practical to bring into an office or needing to be close to a hospital or doctor. 'You do have an obligation as an employer to accommodate someone up to the point of what's called undue hardship,' Pinkus said. Undue hardship refers to a significant difficulty or expense related to accommodating an employee's needs or requests, according to Toronto-based law firm Achkar Law. Legal action Pinkus said if an employee started working from home full time during the COVID-19 pandemic, and their employer didn't communicate whether the arrangement was temporary or permanent, but is now trying to get them back into the office four days a week, it could be considered a breach of contract. However, he said that if there was clear communication by the employer that remote working wouldn't last forever, it would be more difficult for an employee to launch any legal action. Pinkus said employees considering refusing to return to the office should be 'very careful' because if their employer did have the right to compel a return to the office, it could be considered abandonment of employment — meaning the worker is not entitled to severance pay. 'If you're wrong about it, the consequences are quite serious.' Under certain circumstances, Pinkus and Chaudhri say a constructive dismissal may factor in. According to Pinkus, constructive dismissal can occur if an employer changes the fundamental term of their employment without sufficient notice and without the employee's consent. 'There is precedent for the notion that an employer can't simply take someone from a telecommuting role and put them in a non-telecommuting role without their permission,' he said. Monday Mornings The latest local business news and a lookahead to the coming week. If an employer has stuck with a remote or hybrid working arrangement for a long time, then Chaudhri said some employees might say 'this is my new normal,' and the return to office constitutes a 'meaningful change to my employment.' 'In some cases, employees may allege that their contract of employment has been breached and seek wrongful dismissal damages,' she said. Chaudhri added that companies have been very systematic about slowly increasing in office days over time, which she thinks is in large part to avoid 'the likelihood of success of a constructive dismissal claim.' She said it is up to the employee to prove they have been constructively dismissed, which can be difficult. This report by The Canadian Press was first published July 6, 2025.
Toronto Sun
31-05-2025
- Business
- Toronto Sun
CHAUDHRI: Alleging cause requires hard evidence
A termination for cause is not a slap on the wrist. It is the pinnacle of punishment for an employee. And because it is rarely carried out appropriately, when cause cases turn up in courts, many of us in the employment bar take notice, writes Sunira Chaudhri. Photo by iStock / GETTY IMAGES A termination for cause is not a slap on the wrist. It is the pinnacle of punishment for an employee. And because it is rarely carried out appropriately, when cause cases turn up in courts, many of us in the employment bar take notice. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account A termination for cause usually happens when an employer is fed up after ongoing performance issues, major lapses in judgment or serious misconduct. The misconduct must be willful and not trivial. It is the most severe penalty an employee can receive. Most often, perks and pay seize the day a termination for cause takes place. Even if misconduct rises to the legal threshold of cause, it must be well documented and well supported by evidence. An employer needs receipts. And today I tell you a story of an employer that had the bones of a good cause case but did not have the evidence to back it up. An equipment company that I will refer to as 'Tractor' terminated an employee who I will call 'Shawn.' Tractor terminated him after various incidents including crashing the company truck, members of the public complaining about his driving and an incident where Shawn injured himself at least once. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Even the trial judge noted that Shawn 'never made it easy for himself.' Ultimately, Tractor terminated Shawn for cause in September, 2021 after it received a customer complaint about Shawn's alleged unprofessionalism including pressuring said customer to initial a sales agreement and that Shawn tried to call the customer eight times that day to close the sale. Shawn had 18 years of service when he was fired. At trial earlier this year, Justice Akazaki heard evidence from the manager who spoke to the disgruntled customer. But, the disgruntled customer was never called as a witness. While the judge accepted the manager's evidence that the customer complained, the judge could not go so far to accept that the complaint itself was objective or reasonable. After all, customer complaints are not made under oath and could be inaccurate, unfair or embellished. This advertisement has not loaded yet, but your article continues below. Because the customer was not called as a witness, the nature of the complaint, as the manager relayed it to the court, was hearsay. The fact a customer complaint happened, with nothing more, did not meet the threshold of cause. The court found no cause and awarded Shawn 17 months of pay in reasonable notice. Notably, even though there was evidence that Shawn accepted a lower paying driving job after termination, the court did not deduct that income from his damages award. Read More There are a few practical takeaways from this case. The first is that cause is complicated. This employer had a problematic employee that the court readily acknowledged. But even a consistently reckless, unprofessional and under performing employee may not have breached his duties to an employer in a legal sense. This advertisement has not loaded yet, but your article continues below. Further to that, evidence is technical. Second hand accounts of poor behavior will not pass muster in a court of law. If the best evidence (like a witness) is missing, a court will not overlook the glaring omission. Most lawyers would not be surprised that this termination for cause was not upheld by the court. A punishment so severe was simply disproportionate in light of the evidence at hand. Have a workplace question? Email me at sunira@ and your question may be featured in a future column. The content of this article is general information only and is not legal advice. RECOMMENDED VIDEO Toronto & GTA Toronto & GTA Sunshine Girls Columnists Sunshine Girls
Toronto Sun
22-05-2025
- Business
- Toronto Sun
What to do if the company you work for files for creditor protection or goes bankrupt
Published May 22, 2025 • 3 minute read Photo by Getty Images TORONTO — Among the Canadians that lose their jobs every year are many that face a twist: it isn't just their employment vanishing but also the company they work for. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account Whether the wind down is because the owners are simply giving up the business or like 355-year-old department store chain Hudson's Bay, has not been able to handle its debt, the disappearance of an employer brings extra difficulties to the unemployment process. 'It's absolutely a bit more complex,' said Sunira Chaudhri, founding lawyer at Workly Law in Toronto. Workers might have to wade through bankruptcy or creditor protection court processes to get paid outstanding earnings or may later find they have no point person to help locate paperwork they'll need during tax season or when applying for government assistance. The extra layer of complexity makes it even more important for workers to plan ahead so they can recover from the job loss, say Chaudhri and other labour experts. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. As soon as it becomes clear the company you work for is winding down and taking your job with it, it's time to start collecting documentation, like records of employment, T4s and contracts or letters describing your pay, commission and vacation, said Neena Gupta, a Waterloo, Ont.-based partner at Gowling WLG. 'One of the shocking things that happens is sometimes the systems you rely upon to retrieve your paycheque, find out how much vacation pay you have, determine whether you have a bonus coming to you, calculating your commission — you stop having access to those systems,' she said. If you have documents detailing what you're entitled to, Gupta said, 'you can establish with some confidence what your employer owes you.' This advertisement has not loaded yet, but your article continues below. If there is a gap between what you're owed and what you're offered in severance or an exit package, a lawyer, your union or if your company filed for creditor protection or bankruptcy, the court-appointed trustee or monitor, can offer paths forward. Unravelling what is possible in your situation often starts by looking closely at termination letters or severance packages you're presented with. Chaudhri encourages people not to sign any paperwork accepting these payments until they've reviewed how their offer compares to their employer's obligations outlined in provincial employer legislation, collective agreements and contracts workers sign. Often there is 'more money that can be on the table,' Chaudhri said. This advertisement has not loaded yet, but your article continues below. 'Usually, the first offer is one that can be improved upon,' she said. 'They're hoping you take that deal and that's why it's important to do your due diligence.' A lawyer can walk you through whether any fight you want to wage for a better package has merit and if you provide documentation like records of employment, it will speed up the process. RECOMMENDED VIDEO But Chaudhri warns that just because your case has merit, doesn't mean you're in for a cheque. While there can be ways to hold directors accountable later, a company that has been granted creditor protection — a court process preventing people from suing an indebted business for amounts owed — can't face immediate legal action. This is currently the case for the Bay, which employed 9,364 people before it began liquidating all of its stores. This advertisement has not loaded yet, but your article continues below. Sometimes business will run out of money while court proceedings unfold. That's part of why many labour experts suggest workers also explore unemployment support programs. Gupta said the main program in Canada is employment insurance, which provides money to some who have gone without work and pay for at least seven consecutive days in the last 52 weeks. To be eligible, workers must meet a range of criteria including a minimum number of hours worked in the lead up to the end of their job. While they collect EI, they must show they are job hunting. For workers owed wages, vacation, termination or severance pay by employers that filed for bankruptcy or made certain proposals under the Companies' Creditors Arrangement Act, the federal government runs the Wage Earner Protection Program. People who qualify under the program can earn up to $8,844.22 this year, Gupta said. Most of these programs require people to apply once they've had their last day of work. By that date, Gupta says workers should also have sought contact information for supervisors or colleagues who can vouch for them when they're on the cusp of their next job — advice Gupta recently heard from an acquaintance whose employer went bankrupt. 'Even if she couldn't get an official reference from HR she could at least say, 'Well, my supervisor was so and so, she's also laid off, but you can talk to her,'' Gupta recalled. 'She had all of that information, which helped her find her next job.' Basketball Canada Sunshine Girls Columnists Toronto Maple Leafs
Winnipeg Free Press
22-05-2025
- Business
- Winnipeg Free Press
What to do if the company you work for files for creditor protection or goes bankrupt
TORONTO – Among the Canadians that lose their jobs every year are many that face a twist: it isn't just their employment vanishing but also the company they work for. Whether the wind down is because the owners are simply giving up the business or like 355-year-old department store chain Hudson's Bay, has not been able to handle its debt, the disappearance of an employer brings extra difficulties to the unemployment process. 'It's absolutely a bit more complex,' said Sunira Chaudhri, founding lawyer at Workly Law in Toronto. Workers might have to wade through bankruptcy or creditor protection court processes to get paid outstanding earnings or may later find they have no point person to help locate paperwork they'll need during tax season or when applying for government assistance. The extra layer of complexity makes it even more important for workers to plan ahead so they can recover from the job loss, say Chaudhri and other labour experts. As soon as it becomes clear the company you work for is winding down and taking your job with it, it's time to start collecting documentation, like records of employment, T4s and contracts or letters describing your pay, commission and vacation, said Neena Gupta, a Waterloo, Ont.-based partner at Gowling WLG. 'One of the shocking things that happens is sometimes the systems you rely upon to retrieve your paycheque, find out how much vacation pay you have, determine whether you have a bonus coming to you, calculating your commission — you stop having access to those systems,' she said. If you have documents detailing what you're entitled to, Gupta said, 'you can establish with some confidence what your employer owes you.' If there is a gap between what you're owed and what you're offered in severance or an exit package, a lawyer, your union or if your company filed for creditor protection or bankruptcy, the court-appointed trustee or monitor, can offer paths forward. Unravelling what is possible in your situation often starts by looking closely at termination letters or severance packages you're presented with. Chaudhri encourages people not to sign any paperwork accepting these payments until they've reviewed how their offer compares to their employer's obligations outlined in provincial employer legislation, collective agreements and contracts workers sign. Often there is 'more money that can be on the table,' Chaudhri said. 'Usually, the first offer is one that can be improved upon,' she said. 'They're hoping you take that deal and that's why it's important to do your due diligence.' A lawyer can walk you through whether any fight you want to wage for a better package has merit and if you provide documentation like records of employment, it will speed up the process. But Chaudhri warns that just because your case has merit, doesn't mean you're in for a cheque. While there can be ways to hold directors accountable later, a company that has been granted creditor protection — a court process preventing people from suing an indebted business for amounts owed — can't face immediate legal action. This is currently the case for the Bay, which employed 9,364 people before it began liquidating all of its stores. Sometimes business will run out of money while court proceedings unfold. That's part of why many labour experts suggest workers also explore unemployment support programs. Gupta said the main program in Canada is employment insurance, which provides money to some who have gone without work and pay for at least seven consecutive days in the last 52 weeks. To be eligible, workers must meet a range of criteria including a minimum number of hours worked in the lead up to the end of their job. While they collect EI, they must show they are job hunting. For workers owed wages, vacation, termination or severance pay by employers that filed for bankruptcy or made certain proposals under the Companies' Creditors Arrangement Act, the federal government runs the Wage Earner Protection Program. People who qualify under the program can earn up to $8,844.22 this year, Gupta said. Monday Mornings The latest local business news and a lookahead to the coming week. Most of these programs require people to apply once they've had their last day of work. By that date, Gupta says workers should also have sought contact information for supervisors or colleagues who can vouch for them when they're on the cusp of their next job — advice Gupta recently heard from an acquaintance whose employer went bankrupt. 'Even if she couldn't get an official reference from HR she could at least say, 'Well, my supervisor was so and so, she's also laid off, but you can talk to her,'' Gupta recalled. 'She had all of that information, which helped her find her next job.' This report by The Canadian Press was first published May 22, 2025.
