(Pixabay)

Flouting COVID-19 health orders off the clock could lead to workplace discipline: lawyers

Employers are also keenly aware of how workplace spread of the virus could affect their reputation

Employment lawyers say flouting COVID-19 public health orders when off the job or coming into work while knowingly sick could warrant discipline in the workplace — including termination in the most flagrant cases.

“There is a shared obligation between employers and employees to maintain a safe workplace, and safety includes you don’t bring in a potentially fatal virus into the workplace,” said Hermie Abraham, founder of Advocation Professional Corp. in Toronto.

In addition to the obvious risk to others’ health, employers are also keenly aware of how workplace spread of the virus could affect their reputation — especially if it’s a setting that relies on public confidence, for example, food processing, she said.

Abraham added there is ample precedent for off-work behaviour costing workers their jobs, including a utility employee being fired for lewdly heckling a reporter in 2015.

But she suggested that cases of brazen disregard of public health guidance, such as jetting off to Florida for spring break and not quarantining, are in the minority.

It’s much more likely that someone feeling a bit unwell goes into work because he or she doesn’t want to risk losing a paycheque. Calls have been growing across the country for governments to bring in mandatory sick pay so that workers aren’t put in that predicament.

“I think that by and large everybody is following the rules and trying to do the best that they can and we are still building a plane while flying.”

Robert Erickson with Kahane Law in Calgary said risky behaviour outside work can be tough to prove.

“The only way you would know if they’re just blatant about it and they’re putting it on their social media,” said Erickson.

Any punishment should be proportional, he said. For instance, if someone works in close contact with vulnerable individuals and is reckless in avoiding the virus in his or her spare time, termination could be appropriate because the stakes are so high.

Jeff Hopkins, a partner with Grosman Gale Fletcher Hopkins LLP in Toronto, said termination would be an extreme step in most cases.

“A written warning would probably be the first step in response. It makes the employee acutely aware that their actions are reckless and that they have the potential to endanger their co-workers,” he said.

Daryl Cukierman, a partner at Blake, Cassels & Graydon LLP, also in Toronto, said it’s helpful for employers to have workplace policies to reinforce public health guidelines.

“And importantly, of course, they must effectively communicate the policy to their employees, specifically letting them know what the expectations are and what the potential consequences are for a breach of the policy,” said Cukierman.

Discipline might not be warranted at all, he added.

“An employer might look to use the incident, for example, as an educational tool.”

Energy services company PTW Canada Ltd. disclosed an outbreak at three of its western Alberta locations earlier this month.

Alberta Health said Friday that 18 cases have been linked to the outbreak, with 15 confirmed to be more transmissible variants. One person has died and the rest have recovered.

In a statement, PTW said it has had safety protocols exceeding Alberta Health Services guidance since the start of the pandemic.

Those measures include a daily questionnaire, mandatory reporting of symptoms, remote work for non-essential personnel, physical distancing, handwashing, masking and suspension of employee travel.

Dr. Deena Hinshaw, Alberta’s chief medical officer of health, has said it’s believed the outbreak began with someone returning from out of province, but it’s not clear whether it was an employee.

PTW has declined to say whether anyone has been disciplined but said in a statement that a third party has been hired for a comprehensive review.

Also this month, a Manitoba public servant was demoted from an interim assistant deputy minister role after travelling to Las Vegas to referee an Ultimate Fighting Championship.

Premier Brian Pallister issued a directive to political staff and other appointees in early February to avoid leisure travel or face possible termination.

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Township of Spallumcheen collected an honourable mention in the 2020 UBCM Community Excellence Awards for its sustainable service delivery and water improvment district conversion plan. (Photo submitted)
Spallumcheen water district conversion plan gets recognition

Township collects UBCM Community Excellence Award honourable mention

Spallumcheen councillors (from left) Todd York, Gerry Popoff, Christine LeMaire, John Bakker, Joe Van Tienhoven and Andrew Casson join Mayor Christine Fraser (fourth from left) in helping to proclaim the township open for business with new signage off Highway 97A. (Township of Spallumcheen photo)
Being open for business paying dividends for Spallumcheen

Township wins provincial award, new business and building starts increase

John Pavelich’s 83rd birthday had an added surprise; members of Enderby City Council came by his residence to present him with a Lifetime Civic Merit award Saturday, May 8, 2021. (Contributed)
Enderby resident unwraps Lifetime Civic Merit award on 83rd birthday

John ‘JP’ Pavelich has been a pillar of volunteerism in Enderby since 1967

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Five properties have been added to the Lake Country fire protection zone, after council moved to expand the local service area Tuesday, May 4, 2021. (Google Maps)
Lake Country expands fire protection zone, covering 5 exposed properties

The properties petitioned to join the local service area after being left out ‘for reasons unknown’

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
UPDATE: Man killed in brazen daylight shooting at Vancouver airport

Details about the police incident are still unknown

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The Oliver Fire Department had to put out a fire on their own training ground, and it wasn’t one they set. (Facebook)
Vehicles torched at Oliver Fire Department training grounds

This suspected arson comes after the cars were vandalized earlier and suspicious fire the night before

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Tavis Stevenson, son of Pam and Bruce Stevenson, founders of The Book Shop on Main St, is the creator of the whimsical animal farm carts seen above The Book Shop. He also painted the book mural in the back alley behind the shop. (Monique Tamminga Western News)
The Book Shop in downtown Penticton is one of those rare gems

The Book Shop, like so many businesses, is wanting to turn the page to the end of this pandemic

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

Salmon Arm Silverbacks forward Mathieu Bourgault (13) tries unsuccessfully to deflect past West Kelowna goalie Johnny Derrick during the Warriors’ come-from-behind 7-6 BC Hockey Leaguje pod shootout victory Saturday, May 8, at Vernon’s Kal Tire Place. (Tami Quan Photography)
West Kelowna Warriors rally to edge Salmon Arm in shootout

Warriors overcome three significant deficits to post 7-6 BCHL pod win in Vernon; Silverbacks finish pod 9-7-2-2

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

Most Read