What are the liabilities for employers with hybrid workplaces?

As more workplaces have shifted to hybrid work models, the concerns for employers seem to have increased with time.

Aside from the concerns surrounding employee productivity, are there issues with security and privacy? Are employers liable for employee injuries while working from home?

An Ottawa employment lawyer at Samfiru Tumarkin LLP spoke to Rita Trichur at The Globe and Mail to delve further into the subject of employer liability.

“Liability is definitely a big issue and employers do need to turn their minds to that when looking at either a fully-remote or hybrid-work situation,” says the lawyer.

For employers worried about workplace injuries, the lawyer explains most should already have insurance coverage.

“In Ontario, for instance, an employee would be able to file a claim with the Workplace Safety and Insurance Board. In such cases, an employer wouldn’t have liability and the WSIB would assess whether it was, in fact, a workplace injury. ”

The conclusion, the lawyer says, would be based on the particular context surrounding the injury.

“If I injure myself at home, but it’s because I’m doing laundry or taking the garbage out or something that’s not work-related, well then, that wouldn’t be considered a workplace injury,” the lawyer states.

“If [workers] injure themselves at their desk – they hurt their wrist or they hurt their arm while they’re working – that would be something that would be considered a workplace injury.”

Along with workplace injuries, many employers have also raised concerns about security and private information being shared at home.

The employment lawyer explains that employers should be outlining employee expectations and conduct.

“Have them review it, have them sign off,” the lawyer says. “For companies that have extremely sensitive data, those employers may prohibit working remotely if the data is so sensitive that there can’t be any risk of any breach.

Ultimately, employees could be requested to return to the office by their employer, the lawyer states, depending on the terms of their employment contract.

LEARN MORE
• Rights when returning to the office in Ontario
• Alberta employees and return to office rights
• Can you refuse a request to return to the office in B.C.?