Resignation Over Mask Rights: Employment Lawyer on CBC News

Interview Summary

A restaurant employee in Montreal, Quebec, was recently forced out of her employment due to her choice to mask during her work day. After being told to remove her mask by a manager, the employee felt she had no choice but to resign. Do employers have the right to dictate employee behaviour despite health and safety concerns? How can an employee ensure their own human rights are not being violated?

Mackenzie Irwin, an Ontario employment lawyer and Associate at Samfiru Tumarkin LLP spoke to CBC News’ Alison Northcott on employee’s rights and possible options with cold and flu season ahead.

Interview Notes

“Employers can decide what an employee is able to wear at work,” said Irwin. “In many parts of Canada, the right to wear a mask at work without a medical condition is not written in stone. From the government’s perspective, masks are currently not necessary to provide a safe and healthy workplace.”

Irwin went on to explain that employees are within their rights to file an unsafe work complaint and wait to see what the outcome is with the Ministry.