Worker received no warnings for breaching mask policy; apologized after outburst
Sep 16, 2024
A worker’s refusal to follow a reasonable and lawful mask mandate in the workplace and his use of profanity in a disciplinary meeting didn’t justify his dismissal, the Alberta Labour Relations Board has ruled.
T & T Disposal Services operates a waste and recycling collection services company in Okotoks, Alta. The worker was a driver for T & T.
In early 2021, T & T implemented a masking policy in response to the COVID-19 pandemic. The policy made face masks mandatory in all indoor workplaces. The company posted signs all around its property outlining the policy and a similar municipal bylaw, along with a public health order requiring indoor mask-wearing.
Drivers weren’t required to wear a mask when they were in their own vehicles or outside and mechanics didn’t have to wear them in the shop because the shop was considered a large enough area to allow distancing and masks could fog up safety glasses.
T & T had regular safety share meetings in which mandatory masking was discussed. The worker signed attendance sheets confirming that he was at these meetings.
T & T’s health and safety management system program manual required employees to wear “all required and additionally appropriate PPE” and set out a four-step disciplinary process for safety violations – verbal warning, written warning, final warning with unpaid suspension, and...
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