Can an employee withdraw from the workplace because of the risk to the employee's safety?
Canada (Federal), Canada
The following excerpt is from Dionne v. Commission scolaire des Patriotes, [2014] 1 SCR 765, 2014 SCC 33 (CanLII):
Any new assignments or temporary withdrawal from the workplace are deemed to be a substitute for the work that the employee would ordinarily be expected to perform but for the danger. A refusal to perform unsafe work, therefore, is not seen as a refusal to fulfill the employment contract, it is the exercise of legislated protection (Bell Canada v. Quebec (Commission de la santé et de la sécurité du travail), 1988 CanLII 81 (SCC), [1988] 1 S.C.R. 749, at p. 801).
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