COVID-19

May 4, 2023

By Jacob Love

Arbitrator Finds Mandatory Vaccination Policy Reasonable and Upholds Dismissal Of Unvaccinated Employees

In Lakeridge Health and CUPE, Local 6364, a matter of Policy and Individual Grievances concerning a Mandatory Vaccination Policy and Terminations, ...

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Mar 23, 2023

By Jacob Love

Arbitrator Reinstates Employee Dismissed For Just Cause For Not Providing Proof Of Vaccination

In Teamsters Canada Rail Conference v VIA Rail Canada Inc., 2023 CanLII 18498 (CA SA) the Company terminated an employee with 19 years of service f...

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Mar 9, 2023

By Mike MacLellan

Ontario Court Upholds Dismissal where Employee Refused to Comply with Third Party Vaccine Mandate

We have been blogging a lot about how COVID-19 vaccine mandates have impacted workplace law, and now we can add one more context to our catalogue.&...

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Feb 9, 2023

Federal Court Finds Employees Who Refuse to Follow Vaccination Mandate Not Eligible for Employment Insurance

Recently, the Federal Court (the “Court”) released an encouraging decision for employers as they continue to deal with residual COVID-1...

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Jan 26, 2023

Another Canadian Appellate Court Rules CERB Payments Not to be Deducted from Wrongful Dismissal Damages

In a recent decision, the Alberta Court of Appeal declared that any CERB (Canadian Emergency Response Benefit) payments received by an employe...

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Jan 12, 2023

By Jacob Love

IDEL Regulation Not Applicable Where An Employee Was Laid Off Prior To May 29, 2020 And Resigns Within Reasonable Period Says SCC

In a recent Small Claims Court decision, Wilkinson v Pharma, 2022 CanLII 120475 (ON SCSM), the Court determined that the IDEL regulation did not ap...

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Dec 13, 2022

Ontario Court of Appeal Affirms Lower Court Decision Not to Grant an Injunction On COVID-19 Vaccination Policy

Recently, the Ontario Court of Appeal (ONCA) released a unanimous decision (here) upholding a lower court’s refusal to grant an injunction ag...

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Nov 24, 2022

Baby, it’s Still COVID Outside: Workplace Holiday Party Tips as We Move Out of the Pandemic

As we continue to return to in-person meetings and events, workplaces can once again look forward to hosting and attending in-person holiday partie...

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Oct 6, 2022

By Jacob Love

Employee Not Constructively Dismissed When Placed on Leave of Absence for Violating Mandatory Vaccination Policy Says BC Court

In a welcomed decision for employers, the Supreme Court of British Columbia has ruled that placing a worker on an unpaid leave of absence for faili...

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Sep 15, 2022

Everybody Loves Raymond: Favourable Decision by Arbitrator Raymond Finds Three-dose Vaccination Policy to be Reasonable

Recently, we saw an arbitrator strike down a two-dose vaccination  policies (FCA Canada Inc. v Unifor, Locals 195, 444, 1285, 2022 CanLII 5291...

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Sep 8, 2022

Employer Convicted for COVID-related violations of the Occupational Health and Safety Act

Restrictions have eased and many mask and vaccine mandates have been lifted, but the impacts of COVID-19 in the workplace are still here, as one em...

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Jul 28, 2022

By Kelsey Orth

Q: Who Was That Unmasked Man? A: Just a Guy Who Quit - Alberta Court Rejects Claim of Constructive Dismissal for Employee Placed on Unpaid Leave for Refusing to Mask

As you know from following our blog, we have been tracking the various adjudicative decisions – whether from the courts, tribunals or arbitra...

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Jun 30, 2022

Arbitrator Rules Employer’s Two-Dose COVID Vaccine Requirement Not Reasonable (Anymore…)

In what appears to be a significant departure from recent arbitral decisions, an employer’s COVID-19 vaccination policy has been deemed unrea...

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Jun 24, 2022

Federal Government Announces Suspension of Vaccine Mandates for Some Federally Regulated Workplaces: What Does This Mean for Your Business?

On the heels of the Federal government’s recent announcement to suspend vaccination requirements for domestic and outbound travel, federally ...

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May 19, 2022

By Kelsey Orth

The Taylor Appeal: No Clarity from Court of Appeal on Question of Intersection of ESA and Common Law Rights Under the IDEL Amendments

In 2020, the global COVID-19 pandemic unexpectedly changed the lives of many employers and employees. During this time period, employers needed to ...

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May 5, 2022

Does a Dismissal During the COVID-19 Pandemic Always Extend Notice Periods?

According to recent case law, employment professionals might argue that terminating someone’s employment during the COVID-19 pandemic will au...

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Apr 7, 2022

By Kelsey Orth

What to do with Unvaccinated Employees Currently Out of the Workplace in the Changing Landscape of the Coronavirus?

Given the change in the public health guidelines and rules around vaccination, employers have many questions right now surrounding their options, o...

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Feb 17, 2022

Arbitrator Finds Employee’s False Attestation on COVID Screening as Just Cause for Termination

A recent decision from Arbitrator Eli Gedalof, Johnson Controls Canada v Teamsters Local, Union 419 (Williams Grievance), offers more insight into ...

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Feb 10, 2022

By Mike MacLellan

Right to Terminate Employment in COVID-19 Mandatory Vaccine Policy Struck by Arbitrator

The latest ruling on an employer’s mandatory COVID-19 vaccination policy came on February 7, 2022 from Arbitrator Gail Misra.  The outco...

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Jan 26, 2022

Duty of Fair Representation is Not a Duty to Handhold: OLRB Dismiss Complaint that Union Was Not More Supportive of Decision Not to be Vaccinated

COVID-19 has been rapidly changing the workplace for almost two years now and decisions on vaccination policies continue to be released. CCPartners...

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