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COVID-19 - Articles & Videos

Confirmed: Refusing to get Vaccinated can be Frustration of Contract

Confirmed: Refusing to get Vaccinated can be Frustration of Contract

An employee’s refusal to get vaccinated constituted frustration of contract in Croke v VuPoint System Ltd.

Another Judge Finds that COVID-related Layoff is Constructive Dismissal

Another Judge Finds that COVID-related Layoff is Constructive Dismissal

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.

New Court Decision on Infectious Disease Emergency Leave

New Court Decision on Infectious Disease Emergency Leave

As we have written about previously, there are conflicting Court decisions about the legal effect of leaves under Infectious Disease Emergency Leave.

At what point is a contract “frustrated”, and what does that mean?

At what point is a contract “frustrated”, and what does that mean?

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.

Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal

Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal

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.

Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine

Arbitrator Upholds Religious Exemption to the COVID-19 Vaccine

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.

Arbitration Decision on Just Cause Dismissal for Refusal to Vaccinate

Arbitration Decision on Just Cause Dismissal for Refusal to Vaccinate

In this video update, Nadia Zaman talks about the latest arbitration decision on just cause for dismissal for refusal to vaccinate.

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