Hummingbird Law

Can Employees Refuse To Work Due To Fears Of COVID-19?

Every employee has the right to a safe work environment. The Occupational Health and Safety Act (OHSA) addresses basic work-related rights, which include the right to refuse work that could affect the worker's health and safety.

If you have reasonable grounds to believe that the physical condition of the workplace may endanger you, you should certainly address this.

If you believe the work environment is unsafe, and there is a reasonable threat of contracting COVID-19, you should first report these concerns to your employer. The employer is required to investigate these concerns. If you are not satisfied with the investigation, you must notify the Ministry of Labour, Training, and Skills Development, which will designate an Inspector to investigate. During the Ministry’s investigation, safety is a priority and you may be required to work away from the office.

An employer cannot force an employee to work if that employee has exercised their right not to work.

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22 hours ago ·

Is My Employer Permitted To Notify Other Employees If I Test Positive For COVID-19?

Typically, an employer is required to keep all employee personal and health information confidential. If an employee has tested positive for COVID-19, the employer is permitted to inform the other employees of this. It is imperative that the other employees are made aware of their possible exposure. However, due to privacy law, the employer is not permitted to disclose the identity of the employee that tested positive for COVID-19.

It is important to note that an employer can require employees to report any symptoms that may be indicative of COVID-19. These symptoms include, but are not limited to: fever, cough, shortness of breath, and/or difficulty breathing. However, a request for employees to disclose additional personal information that is unrelated to the legitimate COVID-19 related interests would not be permitted.

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2 days ago ·

Are Employers Permitted To Measure Employee Temperatures At Work?

Generally measuring an employee’s body temperature would be classified as a physical examination. Temperature screening involves taking someone’s temperature with a thermometer to assess the risk of that individual having COVID-19.

This poses an obvious question pertaining to privacy – Is this temperature screening for COVID-19 a matter of necessity?

With the ever-increasing data and information involving COVID-19, it is evident that an infection rate is a reasonable concern. As such, it may be reasonable for an employer to implement a temperature screening mechanism.

It is important to inform the employees by way of written notification of the necessity and the administration of the temperature assessment. Additionally, the temperature screening is to be conducted in the least intrusive manner, via infrared thermometers where contact is minimal.

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3 days ago ·

Who Is Eligible For A Wage Subsidy In Ontario?

The Government of Canada has announced several solutions to help stabilize the economy during this difficult time. A seventy-five percent wage subsidy is available to small and mid-size business owners/employers for up to three months.

You are an eligible business owner if you are: an individual, a partnership, a non-profit organization, a registered charity, or a Canadian-controlled private corporation eligible for the small business deduction.

It is important to note that in order to qualify, the business owner/employer must have an existing business number and a existing payroll account with the CRA as of March 18, 2020 and pays a salary, wage, bonus, or any other form of remuneration to an employee

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4 days ago ·

Tensions are rising in the U.S. as protests regarding the death of George Floyd have spread throughout the country and around the world including Canada.

At this time we ask that everyone show compassion for our neighbours to the south and for the families of those affected by violence as we hope and pray for a future of peace, justice, and reconciliation.

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5 days ago ·