Saskatchewan Acknowledges Pandemic Risk and Affords Protection from Litigation
During the pandemic, employers suffered an immense strain. They faced increased risk and curtailed revenue. Employers struggled to keep employees safe and employed.?
Sitting on the sidelines was not an option. Employers had to make decisions based on available information, public health advice and risk assessment.?
Wildly irrational early arbitration decisions from the Toronto area added to this risk. Certain decisions would only permit employers to mitigate risk months after a Covid variant wave occurred. The decision required the employer to establish evidence of past harm experienced, while employers needed to install preventative measures. If the Delta Variant were more deadly, the confusing arbitration decisions would have contributed to even more catastrophic effects.
Saskatchewan acknowledges this risk as the Saskatchewan Employment Standards Act now provides statutory protection for employers against litigation arising from the implementation of Covid restrictions and policies at work.
It would be wonderful if other provinces took Saskatchewan's lead and followed suit.
Respectfully,
Sam Kemble
Executive Operating Officer