COVID-19: Refusing to work if you feel your workplace is unsafe

Interview Summary

Teachers at Thorncliffe Park public school have refused to continue working as they believe the health and safety of their workplace are in jeopardy due to a recent outbreak of COVID-19. As the pandemic continues, Ontario public health officials have had to evolve testing requirements for the virus as well as other public health measures.

The work refusal by teachers throws into question what rights employees have to refuse to work as COVID-19 fears remain. Toronto employment lawyer Jon Pinkus at Samfiru Tumarkin LLP joins Peter Shurman on the John Oakley show to discuss these concerns and more.

Interview Notes

Do teachers or any other employees have the right to refuse work if they believe their workplace is unsafe?

In general, employees do have a right to refuse unsafe work. In the case of teachers, there may be some restrictions. Employees are also protected from reprisals if they refuse to work.

When and how can teachers determine if their school is unsafe in regards to COVID-19?

If a teacher or employee has a concern, it is important to communicate with an employer and ensure a proper investigation is undergone by the Ministry of Labour. The vast majority of inspections and refusal orders have been rejected by the Ministry of Labour.

Can an employer fire an employee who refuses to work despite proper health and safety measures being taken?

If an employer has followed safety protocols and approved by the Ministry of Labour, the employee does have an obligation to return to work. If an employee refuses to work after a thorough investigation, they could be seen as abandoning their position.