So far, the courts have agreed that a temporary layoff, even under IDEL, does not mean an employee can’t file for constructive dismissal, said employment lawyer Stuart Rudner, unless the employer had workers sign an agreement to the contrary, which many did not.
Nadia Zaman, an employment lawyer with Rudner Law in Ontario, who is not representing the firefighters, says court will consider the impact of people working closely together or with members of the public, especially if they are vulnerable.
What could the legal issues be if businesses continue to impose proof of vaccination or masking once those public health orders are lifted? Stuart spoke to Matt Young with CTV Saskatoon to hopefully provide some clarity. Segment starts at the 10:00 mark.
Stuart Rudner, an employment lawyer and mediator with Rudner Law in Markham, Ont., said a business can impose discipline on someone for breach of policy or insubordination as long as the policy is reasonable, and “that is where all of these cases or going to succeed or fall apart.”