Covid-19 - What If An Employee Refuses To Return To Work?

As lockdown eases, and businesses are preparing to re-open workplaces under the Government's Roadmap, how does an employer handle an employee's refusal to return?

In conjunction with the Roadmap, the Government has published its "National Return to Work Safely Protocol" ("the Protocol") which is mandatory in nature and applies to all workplaces, and will be enforced by HSA Inspectors. In addition to the Protocol, all existing statutory health and safety obligations, which apply to employers and employees, set out in the Safety, Health & Welfare at Work Act, 2005 (The SHAW Act), remain in force.

The Protocol outlines that office work should continue to be carried out from home where practicable. In terms of employees who will be returning to the physical work-place, the Protocol emphasises communication and collaboration (requiring a minimum of one "Lead Worker Representative" to be appointed, who is provided with training); the development of a Covid-19