Can employers ask staff what they’re up to outside work during the pandemic?

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Amid ongoing protests, provinces looking to reopen, and warmer weather drawing larger gatherings, employers face a tough balancing act between fulfilling their obligations to keep their workplace safe and not violating their staff’s right to privacy.

. If someone poses an “identifiable threat” to infecting others in the workplace, an employer can ask them to stay home. The question is, what is considered an “identifiable threat”?

“You can’t just blanket ask someone, ‘what were you up to last weekend? Did you leave the house?’” said Daniel Lublin, a founding partner at Canadian employment law firm,. He called these types of questions overly broad, unnecessary, unreasonable intrusions and “completely inappropriate.” “I think people are extrapolating on pure privacy law and what it said two months ago, and are not distinguishing it with occupational safety obligations that employers have.”Two weeks ago, while much of the country remained in some level of lockdown,gathered with friends at Trinity Bellwoods Park, a public green space in Toronto, despite physical distancing guidelines still in place.

Levitt added that if an employee was known to have visited a hotspot, asked by their employer about it and then lied, it could be cause for dismissal. “If an employer wants to send you home in one of those grey areas, damn right they should pay you for it.” “When society believes these questions are appropriate, then the law falls in line,” he explained. “It’s a moving target. Employee privacy has previously been a sacred thing.”

 

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LOL 😂

Canadians are getting power to their house because, employees are isolating themselves , besides going to work so they don’t get ill, so you can have power

Not my employers right to ask what I do outside the office as long as it’s not illegal, or damaging the companies name.

Bring a protest sign to the park, you'll have no problems.

Just say you’re going to a BLM protest or riot and no distancing required. If they doubt or question you, shout ‘Racism and Discrimination!’, or ‘For George Floyd!’ and watch them kneel before you.

For goodness sake - let’s all get back to work 😳

Of course they can ask. Employees are under no obligation to either answer or provide a truthful answer, and said employer should be held accountable for any negative action as a result.

Sure employers can ask they will get a F-off

With millions rioting why we still talking about a virus? I think we are fine now. We caneed get to normal .

No

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