In A Flash
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.
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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
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
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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COVID-19
In a recent Ontario decision, Arbitrator Wright held that the COVID-19 Vaccination Policy was a reasonable exercise of management rights.
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COVID-19
Federal government announces that effective June 20, 2022, it will lift COVID-19 vaccine requirements for federal public servants and transportation workers. Some vaccine mandates for domestic and outgoing travel will also be suspended.
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COVID-19
In recent weeks, arbitrators have released several new decisions related to COVID-19 vaccination policies implemented by employers. We provide an overview of these new decisions and how they compare to prior decisions
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In-Depth Analysis
In this issue: Class Action on Unpaid Overtime: Employer Liable for “Permitting” Employees to Work Overtime, Increased Paid Sick Leave and Additional Bereavement Leave Coming to the Canada Labour Code, An Update on Successful Employer Vaccination Policies.
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