Mathews Dinsdale is pleased to announce it has been named a Top Labour & Employment Boutique Firm for 2022–2023 by Canadian Lawyer Magazine. They have also named us as a Top 5 Labour & Employment Boutique Firm – Western Canada for 2022-2023.
In Spears v. Canada (Attorney General), 2024 FC 329, the employee, a public servant, was dismissed for misconduct after failing to comply with her employer’s Covid-19 Vaccination Policy, despite her status as a remote worker. Her subsequent application for employment insurance (“EI”) benefits was denied. After two failed appeals, the employee brought the matter before the Federal Court on judicial review. On February 28, 2024, the Federal Court dismissed her application, thereby affirming the original decision to deny her EI benefits.
Read moreThe Supreme Court of Canada’s February 28, 2020 decision in Nevsun Resources Ltd. v Araya is a warning to Canadian companies.
Read moreIn a recent case, the Court of Appeal confirmed that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. There was, therefore, no obligation for the employer to provide notice of termination or pay in lieu of notice. The Court confirmed the motion judge’s findings, accepting that in the circumstances, all requirements for frustration had been met.
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