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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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
AB Court ruled an employee who was put on an unpaid leave of absence due to refusing to comply with the employer’s mandatory Mask Policy, did not amount to constructive dismissal. Rather, the Court determined that the employee had resigned.
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COVID-19
Earlier in June, Arbitrator Stewart upheld Alectra Utilities Corporation’s COVID-19 vaccination policy. Days later, Arbitrator Nairn rendered FCA Canada Inc.’s vaccination policy to be of no force or effect. Are these decisions as inconsistent as they seem?
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