As Canada continues to move further away from the worst of the pandemic, it is likely some employers may begin to remove mandatory vaccination policies. Originally, they were put in place to prevent the spread of a potentially deadly disease
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Reinstatement or Compensation in Lieu
The presumptive remedy for unjust dismissal is reinstatement with back pay. When tackling the appropriate remedy to award, adjudicators begin with reinstatement with back pay. Depending on the facts of the case, returning the employee to the workplace is the…
Healthcare Worker Terminated for Refusing Vaccine
Extended Reasonable Notice Due to COVID-19 Not Unique to Ontario Employees
In an earlier blog post, we discussed the potential for courts to increase the notice periods awarded to employees where they are able to demonstrate clear mitigation efforts notwithstanding the many difficulties arising from the COVID-19 pandemic. At least…
One Unlikely Story, One Voluntary Resignation
In an earlier blog post, we discussed the possibility of employees rescinding, or “taking back”, their resignations. Much of that discussion focused on what makes a resignation valid. In a recent decision of the Ontario Superior Court, the issue…
Threats in the Workplace: Cause for Termination
Workplace violence, as defined under the Ontario Occupational Health and Safety Act, includes not only physical violence but also statements or behaviour that can be interpreted as threats of violence. The Act further imposes an obligation on employers to…
British Columbia Court Finds Employee Handbook Unenforceable
In a 2021 decision of the British Columbia Supreme Court, Verigen v Ensemble Travel Ltd., an issue was raised regarding whether an employee handbook was enforceable such that employees would be limited upon the termination of their employment to…
Ontario Government Introduces Digital Rights for Employees
Over the last two years, the global COVID-19 pandemic has facilitated significant changes to the way Canadians work. Workplaces have transformed from in-person settings to digital, remote settings at an unprecedented rate. As the way we work changes, so too…
Duty of Fair Representation Where Union Does Not Challenge Vaccine Mandate
In an earlier blog post this year, we looked at a case suggesting that unions that are unsuccessful in challenging workplace mandatory vaccine mandates are not in breach of their duty of fair representation under the Ontario Labour Relations…
Secretly Recording Co-Workers: Just Cause for Dismissal?
In a recent decision of the British Columbia Supreme Court, Justice Branch was tasked with determining whether or not “the surreptitious recording of one’s fellow employees” could serve as a proper basis for dismissal.
The Parties
This case concerned…