Return To Work: Managing Employee Reluctance And Refusals

The COVID-19 pandemic has been a time of great uncertainty for both employers and employees. Change has been the only constant. When we previously published an article on February 25, 2020 about an employee's right to refuse work due to concerns about the coronavirus, there was only one (1) confirmed positive case in Ontario and nine (9) cases under investigation.

Unfortunately, 700 positive coronavirus cases were reported in Ontario on September 28, 2020, the highest daily count of new infections since the pandemic began in March.

Despite legitimate concern about a "second wave", many employers have entered a new normal in which some of their employees have returned to work after a temporary shutdown, albeit under strict health and safety precautions. The Ontario government recently enacted new mandatory screening requirements for the workplace, which are explained in more detail in our recent article.