12 Aug What is the legal duty of a volunteer to an organization in Ontario?
Volunteering is a standard practice for community members in Ontario. Because most people in our communities will have, at some time, volunteered for an organization, it is important to understand the duties and responsibilities of this role.
A volunteer is not protected under the Employment Standards Act, 2000 (ESA), because they are not characterized as an employee. An employee is hired by an employer to perform a role to receive compensation. A volunteer cannot be considered an employee because there is no monetary expectation for the work performed. A volunteer freely offers their time for the sole intention of lending help to the public.
Although a volunteer is not protected or penalized by the ESA, they can, however, be held liable for their actions. A volunteer will be evaluated based on what the actions of a “reasonable person would be under the circumstances”. This method of evaluation is focused on the conduct of the volunteers, and more specifically, whether they are taking “reasonable care” of their actions while performing their role. For example, if there is a family doctor volunteering at a shelter, they need to be sure that their role is within their previously acquired skills, and not overstating their skills in psychotherapy or other medical fields. A reasonable person would be aware that exaggerating their expertise under these circumstances could cause harm.
The duty to remain confidential is another responsibility that a volunteer agrees to when starting their role. An organization can ask a volunteer to sign a confidentiality agreement to keep information about the organization and clients/customers of the organization private. In a confidentiality waiver, the organization is most likely going to list everything that must remain classified and to only remain the knowledge of those working at the organization. For example, names of clients, addresses, phone numbers, passwords etc. When a volunteer signs a confidentiality agreement, they agree that they will not share personal information or information about the operations of an organization unless someone’s life is at serious risk.
Further, volunteers have the duty not to engage in assault or discrimination on the job. Although this seems like an obvious mandate, it is an extremely essential one. Volunteering can present challenges, and at times, push people outside of their comfort zone to learn more about their community. It is important to remain aware and know what the volunteer role is expecting. For example, if a person decides to volunteer at a school for children with learning disabilities, the volunteer will have a duty to accommodate for these disabilities, which is obligatory to avoid discriminatory behaviour or a potential discrimination claim.
If you are an employer that needs to create work or confidentiality waivers for volunteers, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.