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25 September 2026

WeirFoulds Employment Law Hot Takes: The Runs, The Risks, And The Lesson For Employers

WL
WeirFoulds LLP

Contributor

WeirFoulds LLP has established itself as one of Canada’s premier regional law firms and has provided strategic, cost-effective and innovative legal advice to our clients since 1860. We partner with our clients to offer full access to our business acumen and insights in four broad areas of practice: (1) Corporate; (2) Litigation; (3) Property; and (4) Government.
When does workplace determination cross the line from admirable to dangerous? Drawing lessons from a viral athletic incident, this article examines the phenomenon of presenteeism—employees who push through illness, burnout, or safety concerns—and explores why sometimes the most responsible decision is knowing when to step away.
Canada Employment and HR

We are often told that perseverance is a virtue. However, Australian HYROX athlete Joanna Wietrzyk, who recently made international headlines after suffering an unexpected fecal episode during a competition in Beijing and continuing the race to the finish line, learned perseverance can sometimes create a biohazard. Although she initially won the event (and later posted on Instagram “Go hard or go home….a win is a win”), the incident sparked widespread debate and outrage given the health risks for other competitors who had to use the same equipment she used after, as one media outlet described, “soiling herself and leaking feces”. She later apologized, acknowledged that she should have stepped off the course, and retroactively forfeited her victory.

Most employers have encountered absenteeism. Fewer have had to deal with the opposite problem: employees who are so determined to push through and make it to the finish line that they create risks for everyone around them. Employment lawyers have a name for this phenomenon: presenteeism. Whether it is an employee attending work while seriously ill, a manager working through burnout, or a worker ignoring safety concerns to meet a deadline, showing up is not always the same thing as exercising good judgment. As the recent HYROX controversy illustrates, there can come a point where perseverance stops looking admirable and starts creating health, safety, operational, or legal risks for others. Sometimes the better decision is not to push through, but to step away, because “going home” is better than “going hard”.

The lesson for employers is that workplace risks are not always caused by employees who fail to attend work. Sometimes they are caused by employees who refuse to pull themselves from the race. Employers should foster a culture where employees feel comfortable staying home when sick, requesting accommodations when needed, taking medical leaves when appropriate, and raising concerns before situations escalate. Managers should also be trained to recognize when intervention is required, rather than standing by and hoping the problem resolves itself. After all, while determination may help win a race, in the workplace, there are times when the most responsible course of action is knowing when to stop running.

The information and comments herein are for the general information of the reader and are not intended as advice or opinion to be relied upon in relation to any particular circumstances. For particular application of the law to specific situations, the reader should seek professional advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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