By Bill Anderson, Guest blog

In April 2020, Canada lost nearly 2 million jobs and the unemployment rate rose to 13 percent, a record high.1

As businesses shut down temporarily in response to the COVID-19 pandemic, many were forced to temporarily lay off workers. Now, as Canadian businesses look forward to reopening in the coming weeks and months, it’s important to consider not just the wellbeing of individuals and employees but also the wellbeing of the business.

Whether your business continued operating during the shutdown or had to close down completely, there are a variety of factors to consider before taking steps to return to normal. And the challenges may come from the business side or the employee side.

When employees don’t want to return to work, there may be several reasons. Some may be scared. There is a huge amount of uncertainty in returning to work, and they may not want to put their families and loved ones at risk. Workers who were laid off are likely receiving Canada Emergency Response Benefit (CERB), which can continue for 24 weeks. They may not want to risk that additional income by accepting a return to work. Other employees may be on another protected leave (i.e., Family Medical Leave, Family Caregiver Leave) or they may have childcare obligations that prohibit them from returning to work.

When the business doesn’t want all employees to return to work, there must be a genuine business reason not to bring them back. If not, there may be legal issues. However, many companies were struggling even before the shutdown, which certainly lead to an increase in financial pressure. According to the Canadian Association of Insolvency and Restructuring Professionals, annual business insolvencies rose last year for the first time in nearly 20 years. As part of planning a return to work, then, it may be necessary to put wage reductions, temporary or not, in place in order to maintain your employee base.

Ready or not, a return to work will happen eventually. Generating goodwill among employees can help. So does demonstrating care for the health and safety of the people you are responsible for – as well as the business you are responsible for. When planning to reopen your business, consider these:

  1. Follow government directives. Make sure to reopen in compliance with all federal, provincial and municipal guidelines.
  2. Ensure safety of employees. Under workplace health and safety laws, employers have a responsibility to ensure the health and safety of all their workers. When reopening a business during a pandemic, this means taking seriously the appropriate safety measures (i.e., adding floor markers and barriers for traffic flow, restricting on-site numbers, sanitizing workplaces).
  3. Engage employees in the process. Call on the existing in-house health and safety committee to collaborate with you in making plans for a safe return to work. If this committee doesn’t yet exist, invite employees to join a new committee. Be sure to share the committee’s findings and suggestions with the broader workforce.
  4. Sustainability. When the business does open up, it’s critical to consider all return-to-work plans and revenue projections carefully. When the second wave hits, you’ll want to be prepared.

William D. Anderson is a partner at Blaney McMurtry, LLP and is chair of the firm's Labour and Employment Department.

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1 https://www.cbc.ca/news/business/canada-jobs-april-1.5561001