SCC Firmly Protects Workers' Right to Refuse Unsafe Work

Advanced Filters

Please search by first or last name. e.g: "John" or "Smith". Your search will begin after typing at least 2 characters. Searching...
Sort by: Relevance | Name

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Use the search bar above or the advanced filters to further narrow your search by service, industry, office location, bar admissions, title, education and language.

: Service; Industry; Office; Position; Bar Admission; Education; Language

Contact Form

: Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

Charlottetown

141 Kent St., Suite 300
McInnes Cooper Building
Charlottetown, PE
C1A 1N3

Tel: 902.368.8473
Fax: 902.368.8346

Fredericton

570 Queen St., Suite 600
Barker House
Fredericton, NB
E3B 6Z6

Tel: 506.458.8572
Fax: 506.458.9903

Halifax

1969 Upper Water St., Suite 1300
Purdy’s Wharf Tower II
Halifax, NS
B3J 3R7

Tel: 902.425.6500
Fax: 902.425.6350

Moncton

644 Main St., Suite 400
Blue Cross Building, South Tower
Moncton, NB
E1C 1E2

Tel: 506.857.8970
Fax: 506.857.4095

Saint John

1 Germain St., Suite 1700
Brunswick Square
Saint John, NB
E2L 4V1

Tel: 506.643.6500
Fax: 506.643.6505

St. John’s

10 Fort William Pl., 5th Floor
Baine Johnston Centre
St. John’s, NL
A1C 1K4

Tel: 709.722.8735
Fax: 709.722.1763

More Publications

Publication

SCC Firmly Protects Workers’ Right to Refuse Unsafe Work

May 2, 2014

By John MacPherson, QC, at McInnes Cooper

On May 1, 2014 the Supreme Court of Canada came firmly down on the side of protecting the right of workers to refuse unsafe work under occupational health and safety (OHS) legislation.

The particular case involved the right of a pregnant substitute teacher in Quebec to refuse unsafe work and the impact of doing so under OHS law. The SCC’s decision is heavily based on the Quebec laws that don’t apply elsewhere in Canada. However, OHS laws in all four Atlantic Provinces include the right of workers to refuse to perform unsafe work. The SCC’s decision includes comments on this right that apply to employers and workers beyond Quebec:

Refusing Unsafe Work Is a Right. The SCC emphasized that a worker’s refusal to perform unsafe work is the exercise of a legal right – not a refusal to fulfill the employment contract. Workers don’t have to choose between job security and their health or safety.

Part of Employment Contract. Because of the nature of OHS laws, the right to refuse unsafe work is automatically part of every employment contract between every worker and every employer.

Deemed Substitute Not Absence. A reassignment or temporary withdrawal from work based on a worker’s right to refuse unsafe work is a deemed substitute for the work she would have performed but for the danger – not an absence from work.

The decision makes it clear the SCC places a high priority on workers’ right to refuse unsafe work under OHS laws and will seek to interpret that right broadly. The bodies that regulate OHS legislation across Canada will likely follow suit – and therefore, so should employers.

You can read the SCC’s decision in Dionne v. Commission scolaire des Patriotes 2014 SCC 33.

Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Occupational Health and Safety Team to discuss this topic or any other legal issue.

McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2014. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at publications@mcinnescooper.com to request our consent.

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Advanced Filters

Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

Charlottetown

Fredericton

Halifax

Moncton

Saint John

St. John’s

Send Us Feedback

Un moment s'il vous plaît...

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Advanced Filters

Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

Charlottetown

Fredericton

Halifax

Moncton

Saint John

St. John’s

Send Us Feedback

Un moment s'il vous plaît...

Share this with others

Twitter

Facebook

Google +

LinkedIn

Email