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Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer s Mandatory COVID-19 Vaccination Policy

In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244, Justice L.L. Burt of the Alberta Court of Justice the Court held that an employer was justified in unilaterally placing an employee on an unpaid leave of absence due to their failure to comply with the employer s COVID-19 vaccination policy. The Court concluded that the unpaid leave was not a constructive dismissal. The Court s decision further affirms the use of mandatory vaccination policies in the employment and pandemic context.

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