Are there any cases where an employee at a residential home who poses a risk of infection at the workplace has been found to be an employee of the residential home?
Ontario, Canada
The following excerpt is from Participating Nursing Homes v Ontario Nurses’ Association, 2020 CanLII 36663 (ON LA):
I am also of the view that the Homes are exercising their management rights reasonably and appropriately by preventing those employee who may pose a risk from attending at the workplace. Such a rule is reasonable and designed to meet the legitimate purpose and crucial objective of protecting residents, employees and stopping the spread of what can only be described as a deadly infectious disease, see Chinook Health Region v. U.N.A, Local 120 (2002) 113 L.A.C.(4th) 289 (Jolliffe).
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