In A Flash
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
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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In A Flash
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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In-Depth Analysis
In this issue: 1) BC Court Rules that Placement on Unpaid Leave for Violation of Mandatory Vaccination Policy is not Constructive Dismissal; 2) Roasted: Investigation Conduct Lands Employer Café in Hot Water; 3) OHRT Rules that it has Concurrent Jurisdiction with Labour Arbitrators over Human Rights Matters
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COVID-19
Employees who received CERB following termination of employment will no longer have those benefits deducted from any award of wrongful dismissal damages.
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COVID-19
Believed to be the first civil court decision of its kind in Canada, the BC Supreme Court has dismissed an employee’s claim for constructive dismissal which was brought after the employee was placed on an unpaid leave of absence for failing to comply with her employer’s mandatory vaccination policy.
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COVID-19
The Federal Government has announced that effective October 1, 2022, all COVID-19 border measures will be lifted. This article details what this means for travellers.
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COVID-19
In two recent awards, Ontario arbitrators held it was reasonable for employers to insist on employees getting at least two doses of a COVID-19 vaccine, even in the context of the Omicron variant.
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COVID-19
Arbitrator upheld a mandatory three-dose vaccination policy in a long-term care home setting and found the employer even had a positive obligation to impose the policy, despite revocation of the Government Directive mandating vaccination policies in long-term care homes.
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