When faced with imminent danger and threats of disaster, employers may not immediately consider their legal obligations to their employees.
Employers should have a plan for disaster response or business interruption. Stephen M. Torscher and Peter Bowal’s article in LawNow magazine highlights some elements to keep in mind.
Here’s an excerpt from their article that talks about the obligations of employers to pay employees when work is disrupted following a disaster.
Many employers in Calgary and elsewhere in southern Alberta advised their workers to not report to work during and in the aftermath of the flood. Are employers obligated to pay those employees who normally would have worked during that time?
Fundamentally, the employment relationship is contractual. The consideration for salary is service. If the employee does not provide service, the employer is not obligated to pay the employee subject to statutory and contractual obligations. However, compassionate flexibility and good sense should prevail. Often there may be more value in supporting employees through these troubled times by creating a positive and accommodating work environment than strictly adhering to the letter of the law. This may mean paying wage despite no legal requirement to do so.
Employers can likely cancel shifts for casual employees who are normally free to accept or refuse work during these times with little risk subject, of course, to minimum pay requirements for employees who may have already begun their shift before being sent home. The situation is more complicated for other employees. Employers should consider options for having these employees report to a different location or working from home.
Learn more about the employment relationship in Torscher and Bowal’s article Employers’ Legal Obligations During Major Disasters.