Mathews Dinsdale lawyers from coast-to-coast recognized in the 2019 Canadian Legal Lexpert® Directory as leaders in Labour & Employment Law, Construction Labour Relations, OH&S Law and Workers’ Compensation Law.

Mathews Dinsdale lawyers from coast-to-coast recognized in the 2019 Canadian Legal Lexpert® Directory as leaders in Labour & Employment Law, Construction Labour Relations, OH&S Law and Workers’ Compensation Law.

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In A Flash

Ontario’s Top Court Upholds Termination of Unvaccinated Worker

In 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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In A Flash

Vaccination Policy Did Not Give Rise to Constructive Dismissal

On December 1, 2023, the Alberta Labour Relations Board overturned the decision of an Employment Standards Officer to grant an employee termination pay for being “constructively dismissed” after being placed on leave due to non-compliance with the employer’s vaccination policy.

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