Employer liability if an employee contracts COVID-19 at a holiday party

Interview Summary

As some companies prepare for their first holiday parties since the pandemic began, concerns over health and safety have arisen. Are employers liable if employee contracts COVID-19 at a work party? What should employers and employees do in order to ensure a safe work environment?

Lluc Cerda, an employment lawyer and Senior Associate at Samfiru Tumarkin LLP joins Kelly Cutrara on Global News Radio 640 Toronto to answer these questions and more.

Interview Notes

What are some possible pitfalls of work holiday parties during the pandemic?

Employers should remember that COVID-19 restrictions still apply, such as social distancing, vaccinations, etc. Under the Health and Safety Act, employers are obligated to provide a healthy and safe work environment for all staff, whether or not the holiday party takes place on-site. This not only includes following public health regulations due to the pandemic but basic health and safety requirements for the workplace.

Can employers be considered liable if employees contract COVID-19 at a holiday party?

Employees who are complying with COVID-19 regulations will not be considered liable if an employee does contract the virus. Employers who are being unreasonable and not following proper protocols could result in potential lawsuits. Employers should be following all Ontario public health and safety guidelines.