Can You Refuse to Work Because You Disagree With Your Employer?

Can you refuse to work because you disagree with something your employer supports or allows? Not necessarily. Personal objections don’t automatically give employees the right to refuse an assignment. However, discrimination, religious accommodation and legitimate workplace safety concerns can change the situation.

That question made headlines when a Peterborough, Ontario bus driver refused an overtime assignment because her bus displayed a controversial anti-abortion advertisement. Employment lawyer Lior Samfiru discussed the dispute in three radio interviews, explaining when employees can refuse work and when doing so could put their employment at risk.

Bus Driver Refuses to Work Over Controversial Advertisement

A Peterborough transit driver agreed to work an overtime shift but refused to drive the assigned bus after discovering that it displayed an anti-abortion advertisement.

The driver said the advertisement conflicted with her personal beliefs and raised concerns about potential harassment from passengers.

Another driver completed the shift, and the original employee wasn’t paid for the overtime she declined. Her union filed a grievance, arguing that she should have been accommodated with another bus.

During an interview on News Talk 980 CKNW, Lior explained why disagreeing with an advertisement wasn’t, by itself, enough to establish a legal right to refuse the assignment.

Can You Refuse Work Because You Disagree With Your Employer?

Personal disagreement alone doesn’t automatically justify refusing work.

Lior explained that employees may disagree with an employer’s decisions, advertisements or policies without having a legal right to refuse their regular duties.

The key distinction is whether the assignment actually violates a protected workplace right.

For example, an employee may have grounds to challenge work requirements that discriminate against them because of their religion or another protected characteristic. Employees may also have legal protections when they’re exposed to genuine workplace dangers.

But simply finding an assignment offensive doesn’t necessarily mean the employer must change it.

When Must an Employer Accommodate Your Beliefs?

Employers have a duty to accommodate employees when workplace requirements conflict with protected human rights, including sincerely held religious beliefs.

During the interviews, Lior used the example of an employee whose religious observance prevents them from working on the Sabbath.

That situation is different from an employee simply disagreeing with an advertisement or workplace decision.

The distinction matters because an employer’s legal obligations toward employees depend on the circumstances and the rights involved.

What if You Feel Unsafe at Work?

Employees have legal protections when their work exposes them to genuine safety hazards.

In the Peterborough case, the driver argued that passengers might become hostile toward her because of the advertisement.

Lior explained that evidence of actual threats, harassment or dangerous behaviour could make that concern more compelling.

However, a fear that someone might react negatively isn’t automatically enough to establish a right to refuse work.

Employers must take workplace safety seriously, including threats and harassment from customers or members of the public.

Can You Be Disciplined for Refusing an Assignment?

An employee who refuses a legitimate work assignment without a legally protected reason may face consequences, including loss of pay or disciplinary action.

In the bus driver’s case, Lior questioned whether the employer had any obligation to provide another bus simply because the employee objected to the advertisement.

He also warned that allowing employees to reject assignments based solely on personal preferences could create significant workplace problems.

For non-unionized employees, disciplinary action or termination can raise additional questions about wrongful dismissal and severance pay.

If you’re being threatened with discipline or dismissal over a workplace dispute, speak with an employment lawyer before resigning or accepting your employer’s decision.

Listen to Lior Samfiru’s Additional Radio Interviews

Lior also discussed the Peterborough bus driver dispute in two other radio appearances, examining the union grievance, workplace accommodation and whether employees can refuse assignments based on personal objections.

Bus Driver Refuses to Drive Bus With a Pro-Life Advertisement

Refusing to Work Because of a Pro-Life Advertisement

Facing Discipline or Termination Over a Workplace Dispute?

If your employer has disciplined, suspended or fired you following a workplace disagreement, the employment lawyers at Samfiru Tumarkin LLP can help you understand your rights and pursue compensation where appropriate.

We represent non-unionized employees in Ontario, Alberta and British Columbia.

Before you sign, always check first. Contact us today or call 1-855-821-5900.