Jon Pinkus on employees breaking COVID-19 regulations

Big Ski White Resort in Vancouver B.C is once again making news for possible COVID-19 violations. As reports of a party on company property were released, staff who were found to be openly breaking health and safety regulations were terminated. Should employees have been given a warning instead of a termination? Are these violations considered grounds for termination for cause?

Jon Pinkus, an employment lawyer and partner at Samfiru Tumarkin LLP joins Global News B.C to discuss the recent terminations and employer obligations.

Under what conditions can an employer terminate employees without warning?

Termination for cause is typically unusual and requires serious misconduct exhibited by employees. However, in this situation, employees were putting the health and safety of the resort at risk and their employer’s ability to operate. Staff at Big White Ski resort appeared to be in direct violation of company policies.

Does it matter if employees are found to be breaking regulations during their personal time?

If the actions of an employee during their personal time directly affect their ability to perform their job safely, their choices could potentially influence their employment status.

What should employees remember in regards to their rights and COVID-19 regulations?

Employers should be giving employees specific instructions regarding health and safety regulations. While employees are obligated to follow company policy particularly in terms of health and safety, in most situations it is difficult to prove termination for cause.