Author: Ryan Carroll, Law365 Summer Student
Monkeypox is in its early stages, and there is little certainty about how the illness will impact Canadian society and the workplace. Although we are unaware of how impactful this illness will become, it will stand to benefit employers if they remain alive to the potential issues it may cause. As discussed in our previous blog about the Monkeypox, one way to help against the negative consequences of the monkeypox is to maintain the precautions put in place for COVID-19. With that being mentioned, outlined below are possible points of liability that employers may need to navigate in response to Monkeypox.
Under Bill 219, Ontario employers could be fined or forced to temporarily close due to inadequate health measures in response to COVID-19. Although it is unlikely that the Provincial government will place a similar onus on employers for Monkeypox at least in the short term, it serves as a valuable lesson. Depending on the spread of Monkeypox, employers may be faced with the added responsibility of ensuring that they maintain adequate health measures. Although this is likely not a concern currently held by most employers, it may be prudent to remain aware of how this situation can develop.
Workplaces have changed drastically in response to COVID-19. It is unclear if Monkeypox will have the same impact on how the workplace will look and function. Another critical issue to remain aware of is the potential for constructive dismissal. Employers may wish to alter key characteristics of the employment agreement if workplaces are again altered to accommodate new measures. The changing of hours, significant alterations to the employee’s role, and changes in the employee’s wage, including layoffs could constitute constructive dismissal.
Employers eager to preemptively stop the spread of Monkeypox also need to be conscious of the practices they implement in the workplace. As discussed in our previous Monkeypox blog, the smallpox vaccine can be effective in preventing monkeypox. Employers may be interested in implementing a mandatory smallpox vaccine policy to help stop its spread. Although such a policy can be created with good intentions, it can lead to potential claims. There is currently no legislation which allows an employer to dismiss an employee who refuses to get the smallpox vaccine. Dismissing an employee on those grounds could lead to a wrongful dismissal claim. An employee may be allergic to a particular ingredient in the smallpox vaccine and are therefore unable to receive the vaccine. Terminating such an employee could be considered discrimination under the Ontario Human Rights Code.
If you are currently experiencing an employment law issue, give us a call at (647)-494-9599 or email us at info@law365.ca.
Comments