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International Labor Laws Hiring & Firing Infectious Diseases

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Seyfarth Shaw LLP

September 2023 Global Immigration Alert

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Please note, while we address some country-specific updates related to the COVID-19 pandemic, this Alert contains information regarding global restrictions and closures as they stand today. Given the constantly changing...more

Littler

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

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An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

Littler

Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19

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In Croke v. VuPoint Systems Ltd., 2023 ONSC 1234, Ontario’s Superior Court of Justice decided that an employee’s refusal to comply with mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’...more

Stikeman Elliott LLP

Extraordinary Times Call for Extraordinary Measures: Unpaid Leave for Non-Compliance with Mandatory Vaccination Policy Not...

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With the decision of the British Columbia Supreme Court in Parmar v Tribe Management Inc. 2022 BCSC 1675 (“Parmar”), Canada has its first judicial decision considering whether placing a non-union employee on unpaid leave of...more

Littler

Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

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Deemed IDEL No Longer Available - In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

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An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Littler

Canada: Alberta Court Finds Employee Resigned and Was Not Constructively Dismissed When He Did Not Comply with Mask Policy

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In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen’s Bench of Alberta (ABQB) dismissed an employee’s claim that he had been constructively dismissed when his employer did not accommodate him with a mask...more

Stikeman Elliott LLP

Constructive Dismissal Unmasked as Resignation: Alberta Court Finds Employee Resigned After Refusing to Comply with Mask Policy

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In Benke v Loblaw Companies Limited, the Alberta Court of Queen’s Bench held that the employer did not constructively dismiss one of their employees who had been placed on unpaid leave for failing to comply with a mandatory...more

Littler

UK Employment Appeals Tribunal Upholds Dismissal of Employee who Refused to Work for COVID-related Safety Reasons

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In Rodgers v. Leeds Laser Cutting Ltd, the Employment Appeal Tribunal (EAT) upheld a decision that dismissal of an employee who refused to work due to COVID-19 safety concerns was not unfair....more

Littler

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

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In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Littler

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

Hogan Lovells

Balancing act - agency worker had a right to be informed of vacancies, not to apply

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In Kocur v Angard Staffing Solutions Ltd, the Court of Appeal for England and Wales confirmed that agency workers have a right to be informed about vacancies in a hirer, not a right to apply for them on the same terms as...more

Littler

Littler Global Guide - Australia - Q4 2021

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Common Law Term of Reasonable Notice Not Displaced by Statutory Minimum Notice Period - Precedential Decision by Judiciary or Regulatory Agency - In a recent decision, the Federal Circuit Court held that the common law...more

Littler

Littler Global Guide - Austria - Q4 2021

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Implementation of the “3G” Requirement at the Workplace, Effective November 1, 2021 - New Order or Decree - The “3G Rule,” which entered into effect on November 1, 2021, requires all employees who have contact with...more

Littler

Littler Global Guide - Germany - Q4 2021

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Infection Protection Act Amended - New Legislation Enacted - According to the amendments to the Infection Protection Act, which came into force on November 24, 2021, and apply until March 19, 2022, employers and employees...more

Littler

Littler Global Guide - Malaysia - Q4 2021

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Occupational Safety and Health Law - New Legislation Enacted - On December 13, 2021, the Malaysian Parliament passed a legislative amendment (the Bill) to the Occupational Safety and Health Act 1994 (the Act). The amendment...more

Littler

UK: Automatically Unfair COVID Dismissals

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As expected, in the United Kingdom there has been an increase in employees seeking to bring claims of automatic unfair dismissal where they have been dismissed for...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Littler

Littler 2021 European Employer Survey Report - November 2021

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Executive Summary - Despite all that remains uncertain for European employers – involving the trajectory of the COVID-19 pandemic, new working models or any number of other emergent workforce issues – one area has come...more

Littler

Ontario, Canada Court Ends Injunction Staying Termination of Unvaccinated Employees under Mandatory COVID-19 Vaccination Policy on...

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On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more

Littler

New Brazilian Ordinance Restricts Employers’ Use of Vaccination Mandates

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Deviating from recent labor courts’ decisions and Labor Prosecutor’s Office recommendations, on November 1, 2021, Brazil’s Ministry of Labor and Welfare (a body of the Federal Government) issued Ordinance # 620/2021,...more

Littler

Ontario, Canada Court Awards Employee Longer Reasonable Notice Period Due to Pandemic’s Impact

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In Kraft v. Firepower Financial Corp., 2021 ONSC 4962 (Firepower Financial), an employee brought a motion for summary judgment seeking 10 months’ salary in lieu of notice, commissions and bonuses, and holiday and vacation pay...more

Littler

Ontario, Canada Court Decides Employees Laid Off During COVID-19 May Not Claim Constructive Dismissal at Common Law

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Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more

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