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ARTICLE · 28 JULY 2022

Alberta Court Releases First Decision Regarding Masking Policies + Constructive Dismissal

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In Benke v. Loblaw Companies Limited, the Alberta Court of Queen's Bench held that the employee was not constructively dismissed when placed on an indefinite unpaid leave...

CanadaEmployment and HR
Lee Carter
Lee Carter
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In Benke v. Loblaw Companies Limited, the Alberta Court of Queen's Bench held that the employee was not constructively dismissed when placed on an indefinite unpaid leave for failing to comply with a mandatory mask policy.

This decision suggests that when an employee refused to comply with a mandatory mask policy during the COVID-19 pandemic, it was reasonable for the employer to have treated the refusal as a repudiation of the employment agreement or placed the employee on an unpaid leave.

Facts

In August 2020, Loblaw Companies Limited ("Loblaw") implemented a policy mandating face masks in its stores to mitigate the transmission of the COVID-19 virus (the "Mask Policy"). The Mask Policy was implemented shortly after the City of Calgary passed a bylaw mandating face masks in indoor public places.

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