LLM RESEARCH PROPOSAL: COVID-19 PANDEMIC AND THE RESULTANT EFFECT ON THE

EMPLOYMENT SECTOR- WHETHER OR NOT AN EMPLOYER SHOULD BE LIABLE FOR AN INJURY

SUFFERED BY AN EMPLOYEE WORKING REMOTELY FROM HOME: A COMPARISON OF THE
EMPLOYMENT LAWS OF THE PROVINCE OF SASKATCHEWAN AND EMPLOYMENT LEGISLATION IN
NIGERIA.

BY:

AKPEDE OSEDEBAMEN OBEHI

DESCRIPTION OF AREA OF LAW

EMPLOYMENT LAW

Employment law is an area of law that covers all matters concerning work all over the world. It
encompasses vast areas ranging from the rights, duties and obligations of both employers and
employees. Employment law seeks to protect individuals with clear working terms. This employment
legislation is a comprehensive framework that buttresses the need for a perfect working
environment/relationship.

Globally, key parts of employment law sets out to define contract terms, wages and payments,
health and safety, dismissal notice, redundancy and compensation. Whilst there is an
acknowledgment of the fact that employment laws covers widely all employment activities, it may
appear that some drafters of the laws may not have averred their minds to the occurrence of novel
issues just like the COVID-19 pandemic.

Being one of the sectors most affected by the COVID-19 pandemic, the employment sector has since
adopted the system which allows workers to remotely work from home. The Work from Home is a
working arrangement in which a worker fulfils the essential responsibilities of his/her job while
remaining at home.

Whist adopting this approach, an employer must take cognizance of several laws that govern its
relationship with an employee. This legal role comprises of both federal and state laws and further
hinges on other enabling regulations that amplifies an employer/employee relationship. This paper
will seek to analyze different laws and make suggestive reforms so as to strengthen the employment
relationship between an employer and employee.

LITERATURE REVIEW

1
Kazi Turin Rahman, Md. Zahir Uddin Arif did a research study that investigated how professionals
were collaborating online working from home (WFH) during the COVID-19 pandemic in Bangladesh.
Various aspects of the shift in working culture was been examined like employee satisfaction levels,

1
Working from Home during the COVID-19 Pandemic: Satisfaction, Challenges, and Productivity of
Employees. Kazi Turin Rahman, Md. Zahir Uddin Arif* MBA in Global Business, Coventry University,
United Kingdom.
challenges related to telecommuting and perceived productivity of working remotely during the
COVID-19 outbreak situation.

2
It is important to note that temporary working from home, (WFH) arrangements do not require any
permanent adjustment to the terms and conditions of employment. The arrangements can change
in response to updated directives and the evolving needs of the company. Employers should
consider modifying or developing a company policy or guidelines to provide clear guidance on
implementing WFH arrangements. They should communicate the policy effectively to all workers,
and any changes to the policy should be communicated as early as possible. Many countries around
the world have begun legislating aspects of WFH/remote working arrangements, working conditions,
the rights and responsibilities of employers and workers. For example, in the Netherlands, the
Working Conditions Decree concerns paid work performed in the worker’s living quarters or another
place chosen by the worker outside of the employer’s premises. It includes the employer’s duty of
care to check on the worker and ensure legal obligations under the Decree are met. In Poland, the
provision of the Labour Code that addresses “telework” emphasizes that the location of work is
away from the premises of the employer and is based on services rendered by electronic means,
while in Austria, “telework” is regulated through working-time legislation, rather than as a separate
issue. In March 2020, Chile enacted a law regulating teleworking, granting legal certainties to both
employers and workers in teleworking arrangements and specifying their rights and responsibilities.
For example, employers’ obligation includes bearing the costs of operation, functioning,
maintenance and repair of equipment.

3
Although COVID-19 unexpectedly supplanted typical work habits, it also sped up developments that
were already occurring, such as transferring work to teleworking environments (Kniffin et al., 2021).
Prior to the pandemic, whether or not to work remotely was usually the employee's choice. COVID-
19 changed that, however, and has pushed many construction office personnel into mandatory
remote working environments. Many employees face challenges due to lack of workspace at home
and the need to set boundaries when transitioning from the work-to-home environment (Ramarajan
and Reid, 2013). Isolation has exacerbated this problem, as the daily interactions with friends and
co-workers, an important part of good mental health, is missing and the employees feel socially
isolated (Rouhanizadeh and Kermanshachi, 2021).

4
As the global COVID-19 pandemic continues, there are concerns that employers may face claims
for personal injury and loss by employees alleging that they contracted the virus through some
form of negligence or breach of duty on the part of the employer.

So, as an employer, what can I do to protect myself from potential claims?

In a nutshell, employers should continue to comply with their duties to take all reasonable care
for the health and safety of their employees. They should ensure that they:

2
https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---act_emp/documents/publication/
wcms_745024.pdf

3
Impact of Covid-19 on field and office workforce in construction industry. Apurva Pamidimukkala,
Sharareh Kermanshachi Department of Civil Engineering, University of Texas at Arlington
https://www.sciencedirect.com/science/article/pii/S2666721521000120
4
https://prettys.co.uk/articles/employers-liability-claims-light-covid-19
  comply with all Government guidance that has been produced, specific to their business
and industry;
 undertake appropriate risk assessments considering the risks to their employees and
business, and in particular consider where there may be a risk of the transmission of the
COVID-19 virus; and
 Off the back of those risk assessments, take appropriate steps and actions to mitigate the
risk of the transmission of the COVID-19 virus to the lowest level practicable within their
business and workplace.

The risk assessments that are undertaken, and then the practices and procedures that are put in
place off the back of those risk assessments, should be communicated to all employees, and
steps taken to ensure that they are enforced by their employees accordingly.

PROPOSED RESEARCH TOPIC

COVID-19 pandemic and the resultant effect on the employment sector: - Whether or not an
employer should be liable for an injury suffered by an employee working remotely from home: a
comparison of the employment laws of the Province of Saskatchewan and Employment
Legislations in Nigeria. This topics aims at settling the following research questions:

 Whether the duty of care of an employer should extend beyond the work place to the
employees home?

 Whether an employer should be held liable where an Employee working from home suffers
any injury arising out of or in the course of employment?

 Whether there is a need for potential legislative amendment in employment laws?

This research in view of the global remote working policy arising from the COVID- 19 pandemic aims
to compare and analyze provisions of the Occupational Health and Safety (OHS) Act 2018 and the
Employees Compensation Act ECA 2010 and Labour Act5 with respect to the obligation of an
employer to ensure the safety of an employee working remotely and the extent of liability in the
event a harm is suffered. The study also aims at suggesting possible amendment to statutes where
necessary so as to provide a balance for both parties.

METHOD OF ANSWERING RESEARCH QUESTION

The study will use doctrinal research methodology. The doctrinal strategy to be adopted shall consist
of the legal concepts and principles such as cases, statutes and rules. When it comes to the analysis
of legal instrument, the laws can change, and are subject to interpretation, improvement and
scrapping off in the spirit of evolution. The methodology of this research will be an analysis of
employment laws in Nigeria and the province of Saskatchewan, what the laws are at this time and
the indicators that shows the need for the evolution of these laws in addressing novel issues.

Thesis Structure
 Chapter I: This chapter shall contain the introduction/background of study; brief research
overview.
5
Cap L1 LFN 2004
  Chapter II: This chapter would discuss the responsibilities, obligations and liabilities of an
employer and employee under the employment laws.

 Chapter III: This chapter shall be discussing operative laws governing employment
relationship between and employer/employee in Nigeria and the Province of Alberta.

 Chapter IV: This chapter shall discuss the need for possible amendment where necessary.

 Chapter V: This chapter shall give a summary of all the chapters, evaluate the discussion,
draw conclusion and also suggest recommendations.

EXPERIENCE IN PROPOSED RESEARCH AREA

I have in recent times had the opportunity to work on employment related matters. I particularly
helped a client formulate an opinion on the possibility of any liability relating to its statutory role of
privatizing a government owned electricity distribution Company. I equally formulated a defense
strategy and possible arguments. Presently, I represent the interest of the client whenever the
matter comes up in Court.

I have been part of a team that reviewed employment related legislations which includes the
Factories Act and the Employee Compensation Act. I equally make necessary deliberation with
regards to my suggestive reforms by making presentations and participating in formal discussions
both physical and virtual. All these are in addition to my participation in brief writing at my work
place and the researches and long essay written at my undergraduate level. Having been gathering
the necessary experience, I believe I am well prepared to take up this new challenge requiring sharp
attention to detail consummate research accuracy.

CONTRIBUTION OF WORK TO LEGAL RESEARCH

This research will greatly contribute to the need of having laws and policies which would address
events that were ordinarily unforeseen as at the time a legislation was made.

For example in Canada, the power to make laws is divided between the federal and provincial
governments. Generally, for historic, constitutional reasons, provinces have jurisdiction over most
employment matters, while the federal government has jurisdiction over employment only in
respect of specific industries, such as airways, shipping and banks6. For the Province of
Saskatchewan, the Occupational Health and Safety (OHS) Act, Regulation and Code governs the
standards for safe and healthy work place. In Nigeria, the ECA is instructive.

A critical look at both the ECA and OHS Act clearly posits that it may seem that one of the Act may
have not envisaged the breakout of the COVID-19 pandemic so as to put in place measures to
continue protecting the interest of workers whilst carrying out their responsibilities from wherever.

6
L & E Global “Employment Law Overview 2019 – 2020” online link:
https://knowledge.leglobal.org/wp-content/uploads/sites/2/LEGlobal-Employment-Law-
IMPACT OF RESEARCH WORK

Generally, employees are entitled to be compensated where they suffer any injury in the course of
their employment. However, this is not so all the time. Majority of employment laws and regulations
globally makes express provisions for the protection and the safety of an employee in a work space.
This would mean that an employer must only ensure that an employee has a safe enabling
environment to work in. Interestingly, not all may have envisaged a period where workers would be
made to operate out of the traditional work space. The impact of this research aims at ensuring
needed amendments and infusion to reflect the present position of things in the world. It is believed
that this research paper would add to amassing yearnings and clamour for the need to protect
workers right and the need to be paid compensation where necessary.