“It’s reasonable for an employer to insist that employees adhere to public health recommendations in the workplace, because if they don’t, the employer can be exposed to an occupational health and safety complaint and investigation.”
So says Joseph Oppenheim, a labour and employment lawyer at Carbert Waite in Calgary, after the Alberta Human Rights Tribunal found no discrimination when an employer didn’t accommodate a worker’s desire to not follow a medical masking requirement during the pandemic.
Heartland Constructors is a supplier of skilled labour in the maintenance and turnaround sector, providing superintendents, foremen, and tradespeople for clients. In September 2021, Heartland was hired to perform maintenance and turnaround work for a third-party client.
