COVID-19: What Are Your Employee/Employer Rights?

The COVID-19 pandemic is creating havoc across the globe, especially here in the travel industry. As of March 12, there have been over 135,000 confirmed cases globally and over 4,990 deaths. It’s a scary time in the travel industry as we deal with both cancellations from travelers and from travel companies who are modifying their policies and schedules.

But what does this mean for workers and employers? What are employers’ legal obligations and what are employees’ rights? We posed that question to top employment lawyer Andy Balaura, partner at Pallett Valo LLP.

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“Employers have a duty under the Ontario Occupational Health and Safety Act (“OHSA”) to provide a safe workplace,” Balaura explains. “This includes taking reasonable and responsible measures to protect employees from a disease. Employers should stay abreast of COVID-19 developments, and adhere to recommendations made by Ontario and Canadian public health authorities to maintain a healthy and safe workplace.”

Balaura says that under the OHSA, employees are entitled to refuse work that they believe is likely to endanger their health or safety. To be entitled to refuse work, an employee must have reasonable cause to believe that performing the work would create an undue hazard to the health and safety of themselves or another person. The refusal must be reasonable: anxiety or fear around COVID-19 is not, on its own, sufficient to refuse work.

Employers are reminded of their obligations under the Ontario Human Rights Code. Employers should refrain from treating employees that have (or are perceived to have) COVID-19 differently, apart from taking recommended health and safety measures to reduce or prevent the spread of the virus. Under the Code, employers are also required to take steps to accommodate disabled employees. Someone who is infected with COVID-19 may be considered disabled within the meaning of the Code.

An example of this would be to explore alternate arrangements by which work can be performed in the meantime, such as allowing the employee to work from home.

In addition, the WSIB may find that employees who contract COVID-19 in the course of their employment, such as during work-related travel or from workplace exposure, may be entitled to workers’ compensation benefits.

As the situation develops daily, employers and business owners are encouraged to regularly review updated information about COVID-19 and its spread from governmental and other reputable sources. The following sources are recommended:

- Public Health Agency of Canada

- Public Health Ontario

- Centers for Disease Control and Prevention

- World Health Organization

On March 11, Prime Minister Justin Trudeau announced changes to Employment Insurance in response to COVID-19 outbreak. For more information, click here.