Labour arbitrator finds that employee s failure to follow COVID-19 guidelines is just cause for dismissal internationallawoffice.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from internationallawoffice.com Daily Mail and Mail on Sunday newspapers.
Bottom Line
Approaching the one-year mark of the COVID-19 pandemic, cases
that deal with the termination of employees for reasons related to
the pandemic are continuing to work their way through the courts
and other adjudicative processes. However, in what amounts to good
news for employers, several early arbitration awards have upheld
the discharge of employees for violations of workplace protocols
aimed at preventing the spread of COVID-19.
The Carrier Award
In
LIUNA, Local 183 v Aecon Industrial, 2020
CanLII 91950 (the “Carrier Award”), the grievor was a
construction worker and had been working at the jobsite in question
for five years at the time of his termination. On April 9, 2020,
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As we entered a new decade in 2020, Canada saw significant
developments in labour and employment law, some of which related to
COVID-19. This Insight provides an overview of 14 key 2020
developments, with links to more detailed articles and
commentary:
Ontario Superior Court recognized a new invasion of
privacy tort: publicity which places the plaintiff in a false
light in the public eye.
The recognition by Ontario s Superior Court of the new false light privacy tort in a family law case,
, was significant to employers. The
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As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of 14 key 2020 developments, with links to more detailed articles and commentary:
Ontario Superior Court recognized a new invasion of privacy tort: “publicity which places the plaintiff in a false light in the public eye.”
The recognition by Ontario’s Superior Court of the new “false light” privacy tort in a family law case,
, was significant to employers. The decision is a caution for employers that before they disseminate information about people to the public, including on the Internet, they must ensure that it will not portray the person in a false light (
In
Garda Grievance), a labour arbitrator dismissed a
grievance pertaining to the for-cause dismissal of a unionized
employee who continued to work at an airport while awaiting
COVID-19 test results. The arbitrator determined that the
grievor was aware of and violated her employer s guidelines and
Public Health Agency of Canada s COVID-19 guidelines
(Guidelines) when she went to work after being tested for COVID-19
and while waiting for her results, rather than self-isolating as
she was required to do. The arbitrator concluded that these
actions justified her for-cause dismissal.
Background
On March 27, 2020, the employer shared with its employees the
Guidelines, which require isolation while waiting for a COVID-19