Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
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www.lexpert.ca 15 employee would return to work, the employee refused to be vaccinated, and there was no evidence as to when the order would be lied. A similar result was reached in another British Columbia arbitration decision. 13 e healthcare employer (governed by the same order dis- cussed above) terminated the employment of a casual healthcare as- sistant employed in a hospital. e arbitrator dismissed the grievance and concluded the employment relationship was frustrated due to the employee's failure to be vaccinated and the ineligibility to work that flowed from that decision. Vaccination policies and constructive dismissal A recent decision from the Supreme Court of British Columbia is the first to consider if placing an employee on unpaid leave for a refusal to be vacci- nated constitutes constructive dismissal. In Parmar v. Tribe Management Inc., 14 a condominium management employer placed an employee on an unpaid leave of absence aer she failed to comply with its mandatory vac- cination policy. e employee claimed this act constituted a constructive dismissal. e court disagreed. It held the policy was a reasonable and law- ful response to the COVID-19 pandemic. To this end, the court took ju- dicial notice of the fact that the COVID-19 virus is potentially deadly and vaccines work. e court also found it was the employee's choice not to be vaccinated and she could return to work at any time by getting vaccinated. All in all, the leading decisions indicate that mandatory vaccination policies will continue to be upheld if draed and implemented in a reasonable manner, despite a lessening of government restrictions and mandates. We will undoubtably see more decisions on this issue as cases wind their way through the judicial/arbitral system. To learn more and for assistance, contact Sherrard Kuzz LLP. Matthew Badrov and Priya Sarin Sherrard Kuzz LLP C A N A D I A N L AW Y E R M A G A Z I N E 2022-23 TOP Labour & Employment BOUTIQUES At Sherrard Kuzz LLP we collaborate with our clients to anticipate and avoid human resources problems. We know proactive steps today will prevent Murphy's Law tomorrow. From human rights to health and safety, and everything in between… If you're an employer, we're the only call you need to make. sherrardkuzz.com | 416.603.0700 250 Yonge St #3300, Toronto, ON M5B 2L7 @sherrardkuzz 24 HOUR 416.420.0738 Matthew Badrov and Priya Sarin are lawyers with Sherrard Kuzz LLP, one of Canada's leading employment and labour law firms, representing employers. Matthew and Priya can be reached at 416.603.0700 (Main), 416.420.0738 (24-hour), or by visiting www.sherrardkuzz.com. 1 UNIFOR, Local 973 v. Coca-Cola Canada Bottling Ltd, 2022 CanLII 25769 (ON LA) (Wright). 2 Revera Inc. (Brierwood Gardens et al.) v. Christian Labour Association of Canada Award, 2022 CanLII 28657 (ON LA) (White). 3 Toronto District School Board v. CUPE, Local 4400, 2022 CanLII 22110 (ON LA) (Kaplan). 4 2022 CanLII 7228 (ON LA) (Mitchell). 5 2022 CarswellOnt 4662 (Raymond). 6 2022 CanLII 28285 (ON LA) (Chauvin). 7 2022 CanLII 50548 (ON LA) (Stewart). 8 2022 CanLII 52913 (ON LA) (Nairn). 9 2022 CanLII 83353 (ON LA) (Herman). 10 2022 CanLII 78809 (ON LA) (Rogers). 11 Fraser Health Authority v. British Columbia General Employees' Union, 2022 CanLII 25560 (BC LA) (Kandola). 12 Fraser Health Authority v. Hospital Employees' Union, 2022 CanLII 91089 (BC LA) (Doyle). 13 2022 BCSC 1675. 14 2022 CanLII 6832 (ON LA) (Misra). The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of October 19, 2022, and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the article is prepared but may become outdated as laws or policies change. For clarification or for legal or other professional assistance, please contact Sherrard Kuzz LLP.