COVID-19 - Articles & Videos
We have said it many times before: temporary layoffs are constructive dismissals in almost every (non-unionized) situation. And as far back as March 24, 2020, we warned that the COVID-19 pandemic did not change that.
As we have written about previously, there are conflicting Court decisions about the legal effect of leaves under Infectious Disease Emergency Leave.
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.
Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.
Whether or not you can lose your job for refusing to be vaccinated, and how medical or religious exemptions factor in, will be an on-going issue for employers and their employees.
In this video update, Nadia Zaman talks about the latest arbitration decision on just cause for dismissal for refusal to vaccinate.