Archive for category: News

By Shannon Carson

This is to advise of the newest Public Health Order issued March 30, 2020, that will now require the temporary closure of union and association offices, further to social distancing efforts required by COVID-19.

A copy of the Order may be found at https://www.gov.mb.ca/asset_library/en/proactive/2019_2020/orders-soe-03302020.pdf

As per Order #3, businesses (other than exempt businesses), are now required to close their place of business/offices between 12:01 a.m. on April 1, 2020, and 12:01 a.m. on April 14, 2020.

The Order provides a Schedule which lists certain essential businesses that are exempt from the Order, and are not required to close their operations.

Although Unions are not specifically mentioned in the Schedule, they have been deemed exempt from the closure Order if they deliver services/support to a Government (Provincial or Federal), to a municipality, or to an exempt business.

A Union would, therefore, be exempt from the closure Order if it represents members who are still actively working for a government, a municipality or one of the exempt businesses. While the qualifying Union may keep staffing its offices and operations, it will still be required to keep those offices closed to its members and the general public, and must use remote means (e.g. online, telephone, etc.…) to deliver those services.”

For all other unions, the Order to close the place of business means that your union or association office must close, and all work done to run your union or association must now be done remotely (i.e. from staff homes), without staff attending the union or association office. During the period of closure, temporary access to the union/association office is permitted for the following limited purposes only:

• Performing work at the place of business in order to comply with any applicable law;
• Allowing for inspections, maintenance, and repairs at the place of business;
• Allowing for security services to be provided at the place of business;
• Attending the office to deal with critical matters related to the closure of the business if that cannot be done remotely, or accessing goods, materials, and supplies needed to operate remotely.

A business that provides staffing services, including temporary help, is an essential service that may remain open during this two-week period (see s. 68 of the Schedule.) Unions that run a hiring hall that dispatches workers to contractors can continue to operate under this section. However, in order to comply with the spirit of this Order, a hiring hall union office should only be open for dispatch purposes, with other functions and services being provided remotely.

Please check our website for any updates as they become available.

By Jeff Smorang

I am worried I could be exposed to COVID-19 at my workplace. Can I refuse to report to work?

If your workplace remains open during the pandemic, and working from home is not a feasible option, you are expected to go to work. However, as an employee, you can expect a safe work environment. Under Manitoba’s The Workplace Safety and Health Act, an Employer has a duty to provide and maintain a safe workplace for employees. On top of this obligation, Employers of more than 20 regularly employed workers are also obligated to establish a Workplace Safety and Health Committee. Under the Act, the Committee is to actively identify potential health and safety risks and is responsible for implementing reasonable measures to mitigate those risks.

At minimum, reasonable mitigation steps for preventing exposure of COVID-19 could include increased sterilization of common workplace surfaces, promoting regular hand washing or providing hand sanitizer stations and ensuring social distancing of 1-2 meters between co-workers and customers. Enhanced mitigation steps may be required in other circumstances.

If a worker has a safety concern, the Committee is also responsible for receiving, considering and disposing of safety and health complaints.
Under section 43 of the Act, a worker may refuse to work, or to do particular work duties, if he or she believes on reasonable grounds that the work constitutes a danger to his or her safety.

There are general exceptions to the right to refuse dangerous work that would be taken into consideration. A worker cannot refuse work where the refusal places the life, health or safety of another person in danger or where the danger is inherent to the employee’s work.

The standard process for refusing dangerous work has 3 steps:

Step 1
The worker must report the work refusal to their supervisor and explain why they believe the work is dangerous. The supervisor and worker will work together to assess the risk and resolve the concern. Until the dangerous condition is remedied, or it is determined that there is no risk to safety, the worker who reported it may continue to refuse to work.

Step 2
If the employer and the worker are unable to agree on a resolution, a worker representative from your Committee, or another worker, can be brought in to help assess the situation and attempt to resolve the issue.

Step 3
If the Employer does not remedy the situation, the worker may continue the refusal and report the situation to Manitoba Workplace Safety and Health where a Safety and Health Officer is assigned immediately. Where necessary, the Officer will attend the workplace and make a final decision on whether the situation constitutes a danger or not.

Under the Act, the worker is entitled to be paid during the entire investigation process and cannot be subject to discriminatory treatment for having made a legitimate work refusal.

In the case of COVID-19, an Employer or Safety and Health Officer will have to determine, on a case by case basis, whether the risk of exposure is reasonably high enough to constitute a dangerous workplace. What is reasonable for exposure to COVID-19 will be influenced by our evolving scientific understanding of the virus and our Federal/Provincial Health Care directives. As of March 26, 2020, Manitoba has four public health orders in place. These orders limit public gatherings of more than 50 people and require businesses to ensure social distancing. The 50-person limit applies to theaters and hospitality businesses such as restaurants, however it does not apply to retail or manufacturing businesses.

At the moment, it is unlikely that a generalized fear of exposure to COVID-19 will be seen as reasonable grounds for refusing to work. That being said, if a worker is able to point to additional reasons as to why they are at a higher risk of exposure than the general public, either because of their personal circumstances or the circumstances of the workplace, a refusal to work may be reasonable. Some additional reasons may include (but are not limited to) the following:

• the age and health of the worker refusing to work;
• if there had been any suspected or confirmed cases of COVID-19 relating to the workplace;
• if any co-workers have recently traveled internationally in past 14 days;
• if the work requires you to travel, depending on the destination;
  the Employer’s pandemic policies and measures in effect, for example increased sterilization of workplace surfaces or social distancing; and
  the type of work performed and the relative risk of exposure (for example, whether the work requires face to face contact with customers, clients or patients).

Workers who are concerned about their health and safety at work during the COVID-19 pandemic should bring these concerns to their supervisor or to their Workplace Safety and Health Committee.

Myers LLP is pleased to announce that Garth Smorang, Q.C. has been inducted as a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America, at its 2020 Spring Meeting in Tucson, Arizona.

Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada and Puerto Rico. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.

Membership in the College cannot exceed one percent of the total lawyer population of any state or province. Currently, 12 Manitoba lawyers are Fellows of the College, one of whom is our own Hymie Weinstein, Q.C.

The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

From: Department of Justice Canada

News release
October 9, 2018 – Ottawa, Ontario – Department of Justice Canada

The Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, today announced the following appointments under the new judicial application process announced on October 20, 2016. The new process emphasizes transparency, merit, and diversity, and will continue to ensure the appointment of jurists who meet the highest standards of excellence and integrity.

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