#work refusal

“26 Gay Spanish “Mutineers” Land in Halifax Under Guard,” Montreal Star. November 8, 1932. Page 1. ==== HALIFAX, Nov. 8 - (CP) - Gay and “delighted with the feed," 28 Spaniards arrived in Halifax today on the steamer Magnhild from St. Pierre and joked about being sent home to Spain to face charges of mutiny. 

They had fared well since they left the Spanish trawler Euskalerria at St. Pierre, they said. According to a dispatch from the French possession, the 26 men and boys, comprising almost half the trawler's crew refused to work as a protest against rations they had received while fishing on the Grand Banks. 

They went ashore at St. Pierre and refused to return to the ship. The French authorities communicated with Spain and received word that the men must return. The order had no effect on the men and the trawler picked up two dozen natives of the Island to fill their places. 

The French authorities decided to deport the deserters and put them on the steamer Magnhild for Halifax. Arriving here today, they were locked up in the immigration detention quarters to await a liner for England. Thence they will he rent to San Sebastian, Spain to stand trial.

Some of the men spoke English and were quite talkative. They declared they had been overworked and underfed.

“We worked about 20 home a day and did not get sufficient bread to eat or water to drink,” said one of them. He said the “mutiny" consisted of leaving the ship at St. Pierre and refusing to return on board. 

“[N]on-essential businesses in Ontario [have] shut their doors for two weeks to help curb the spread of COVID-19. But a surprising number of industries will still be allowed to operate, including dry cleaners, take-out restaurants, cannabis shops, lawyers’ offices, and car dealerships. While Public Health officials have harped on the need for people to social distance, some are worried those same warnings won’t be heeded by workplaces. ... There are no specific rules outlined for essential businesses that are allowed to operate, leaving some workers questioning if they’ll have the right to refuse if appropriate safety measures aren’t in place.”

“Ford says they do. ... But one employment lawyer says it’s not that simple. ‘There’s always been a right to refuse unsafe work in our occupational health and safety legislation,’ Stuart Rudner told CityNews. ‘But we’re obviously in unchartered territory, and it’s hard to say how we apply it now.’ Rudner said every case has to be judged on its own merit and factors, and the circumstances have to be specific to an employee and their workplace. A pandemic alone is not reason enough to miss work, but an employee can refuse if there is a legitimate threat to their safety, and the circumstances pass what he calls ‘the reasonable persons test’ — would any reasonable person, in the same circumstance, consider their heath to be at risk?”

“He gave the example of someone being told they have to work next to a person exhibiting all the symptoms of COVID-19. In that scenario, he said it’s reasonable to believe their health would be at risk and they would be justified refusing work. But what about having to take public transit and risk exposure to get to your job? Rudner said that likely wouldn’t pass the test. ... The resolution in that scenario would be to find alternative transportation. ... Rudner said employers have an obligation to provide a safe work environment, and suggested they protect themselves from liability by adjusting workplaces to allow for the recommended two-metre separation between people. ... Ultimately, he said concerned staff should address issues with their employers, and document any requests for accommodation or safety measures before refusing work, and contact the Ministry or an employment lawyer.”

City News, March 25, 2020: “Can you refuse work during a pandemic?” by Ginella Massa

Canadian Law of Work Forum, March 21, 2020: “Work Refusals and COVID-19,” by Paul McLean

Occupational Health and Safety Act: Part V: Right to refuse or to stop work where health and safety in danger

Strikeman Elliot, March 29, 2020: ““I’m Not Doing That!”: The Right to Refuse Unsafe Work Under Occupational Health and Safety Legislation in Alberta and British Columbia,” by Sheena L. Owens

USW on the Right to Refuse by Province and Territory Amidst COVID-19

United Steelworkers, 2020: “Right to Refuse”

United Steelworkers, 2020: “Right to Refuse by Province and Territory”

United Steelworkers, March 31, 2020: “A USW District 6 Guide (Ontario and Atlantic Canada) in the Context of COVID-19 (as of March 31, 2020)” (7 pages, PDF)

United Steelworkers, April 6, 2020: “A USW District 3 Guide (Western Canada) as of April 6, 2020” (4 pages, PDF)

United Steelworkers, 2020: “Ontario - Exposure Reporting: Coronavirus in the Workplace” (1 page, PDF)

United Steelworkers, April 8, 2020: “United Steelworkers in Niagara Get Busy Fighting COVID-19”

USW COVID-19 Resources

Essential service workers are not feeling safe

The Globe and Mail, March 26, 2020: “Ottawa shuts Service Canada centres after employees refuse to work,” by Sean Silcoff and Tom Cardoso

CBC News, March 27, 2020: “In Ontario, construction is an essential service, but some workers fear COVID-19 puts them at risk,” by James Dunne

TVO, March 24, 2020: “You may be happy that the LCBO is still open — but employees aren’t,” by David Rockne Corrigan