“Unless someone is not vaccinated because of a genuinely held religious belief or a health condition, then you can make this a requirement for getting the job,” Toronto-based employment lawyer Stuart Rudner said. “Otherwise it’s no different than requiring a driver’s licence.”
Unless workers are under covered by a collective agreement, they can be dismissed for any reason at all, said employment lawyer and mediator Stuart Rudner, author of You’re Fired! Just Cause for Dismissal in Canada. This kind of dismissal is called “without cause,” and the worker is entitled to severance pay.
Waksdale swung the pendulum in favour of employees and employers had to scramble to update employment agreements to ensure they're enforceable.
The public will be forgiven for concluding that virtually every major employer is requiring that all employees be vaccinated or they will lose their job. Yet if you read the details of most of these policies, they are not mandatory at all.
Stuart Rudner, managing partner at Rudner Law, said the legal community still doesn’t have enough precedent to determine how successful these constructive dismissal/IDEL cases will be.
Failing to conduct an investigation into allegations of harassment can not only result in litigation but could harm a company’s image and its ability to retain valuable employees, says Toronto-area employment lawyer and mediator Stuart Rudner.
Previous WSIAT decision overturned: recent case finds constructive dismissal claim not statute-barred, Nadia writes for First Reference.
Stuart talks about vaccination mandates for people with public facing jobs and what legal challenges are already being brought forward.
The CEO of Hospitality Saskatchewan says music venues won't be the only businesses in Saskatoon to require mandatory vaccines.
Litigation risk analysis is an essential part of any dispute and a thorough examination of the facts is crucial when determining the strength of a case.
