Mathews Dinsdale is delighted to announce the addition of its new Partner, David W. Clark to the Firm’s new Fredericton office. David has practised labour and employment law for over 35 years and brings comprehensive expertise in providing legal and strategic expertise to employers. Welcome to the team
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Alberta Court Upholds Mandatory Vaccination Policy, Dismissing Constructive Dismissal Claims
Released on November 17, 2023, the recent decision of Van Hee v. Glenmore Inn Holdings Ltd. (available here) is only the second reported court decision in Canada dealing with the question of whether a leave of absence flowing from non-compliance with a mandatory vaccination policy constitutes constructive dismissal.
Read moreBC Extends Temporary Layoff Period During COVID-19 Epidemic
Changes, which take effect immediately, extend the period of time in which a temporary layoff may occur, prior to being deemed a permanent layoff. This change impacts temporarily laid off staff, who are not covered by a collective agreement.
Read moreRemote Worker Dismissed Over Vaccination Status Denied EI by Federal Court
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.
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