Can employers in Ontario force staff to work if it’s too cold?

In Ontario, employers can’t force non-unionized employees to work if it’s too cold for them to perform their job duties (i.e. an extreme cold warning is in effect).

The province’s Occupational Health and Safety Act (OHSA) requires businesses to provide a safe work environment for their staff.

If it would be unsafe for you to perform your job duties in extreme temperatures, it’s possible that you could exercise your right to refuse unsafe work.

• Example: You are a groundskeeper in Toronto. One day, an extreme cold warning is issued for the city. Despite the warning, your employer instructs you to continue working. Since you would have to spend multiple hours outdoors in frigid conditions, there is a very good chance that you would be able to exercise your right to refuse unsafe work — making it illegal for the company to force you to continue working.

If you believe that it’s unsafe for you to perform your job duties in the current temperatures, inform your employer in a letter or email immediately.

In the event that your boss refuses to take the appropriate steps to provide a safe work environment, reach out to the Ministry of Labour Health and Safety Contact Centre.

SEE ALSO
• Can employers in Ontario force staff to work if it’s too hot?
• Can Albertans be forced to work in extremely cold conditions?
• Too cold to work in B.C.: What employees need to know

If you are punished or fired for exercising your right to refuse unsafe work, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation you are owed.

WATCH: Employment lawyer Lior Samfiru explains several things employees shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

Protecting workers during extreme cold warnings

In the event of an extreme cold warning, there are a variety of ways that employers in Ontario can provide a safe work environment for staff, including:

• Offering employees alternate tasks that don’t require them to work in the cold
• Making sure workers are taking frequent breaks to warm up
• Providing staff with clothing that keeps them warm and protects their skin from the cold (i.e. hats, jackets, gloves, boots, etc.)

Can my boss make major changes to my job if I refuse to work in extremely cold conditions?

Employers in Ontario can’t make significant adjustments to a non-unionized worker’s job for asserting their workplace rights.

Major modifications, such as a demotion, workload increase, or pay cut, are illegal in the province.

If unwanted changes are made to the terms of your employment for refusing to work during an extreme cold warning, or for any reason, there is a very good chance that you could treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign before a member of our team confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Reprisals at work in Ontario: Know your rights
• Changes to your job in Alberta: Employee rights
• What British Columbians need to know about changes to their job

How is severance pay calculated?

Severance for non-unionized employees in Ontario can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Ontario?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

My boss is pressuring me to quit after refusing to work in extremely cold conditions, what should I do?

No matter how upset your employer is that you exercised your right to refuse unsafe work, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced Ontario employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my employer fire me for refusing to work in extremely cold conditions?

Employers in Ontario can fire non-unionized workers for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

If you refuse to work, and the current conditions aren’t creating an unsafe work environment, this could be seen as insubordination — potentially justifying a termination for cause.

In this situation, your boss doesn’t owe you a severance package and you won’t be able to access Employment Insurance (EI) benefits.

However, to justify firing you for cause, the company must prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be acceptable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Can I be fired in Ontario if I’m late due to weather?
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.