Howard Levitt: Why employees can't refuse to return to work because they fear an unsafe workplace

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Howard Levitt: Why employees can't refuse to return to work because they fear an unsafe workplace
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This is why the Ontario teachers unions’ court challenge to the opening of schools is bound to fail

And the same applies to employers. If they fail to take appropriate safety precautions, in addition to the penalties referred to above, companies can be sued by customers, employees or members of the public who contract the disease in that workplace as result of the employer failing to take appropriate safety precautions.

If the employer has workers’ compensation for the group of employees potentially affected, those employees could not sue them but that does not protect employers from the rash of third parties who become ill or even die as a result of an employer’s carelessness. An employee cannot refuse to return to work because they lack confidence in the employer’s measures or believe that leaving their home or taking public transit is unsafe. Nor can they necessarily refuse to return to work because they are older or believe they bear a special risk because of their or their family’s health circumstances and degree of auto-immune vulnerability.

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