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ARTICLE · 31 AUGUST 2022

Alberta Decision Holds Workplace Mask Requirement Does Not Amount To Constructive Dismissal

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In a recent decision, Benke v Loblaw Companies Ltd., 2022 ABQB 461 ("Benke"), the Alberta Court of Queen's Bench (the "Court") dismissed a constructive dismissal claim brought by...

CanadaEmployment and HR
Seth Holland
Seth Holland
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In a recent decision, Benke v Loblaw Companies Ltd., 2022 ABQB 461 ("Benke"), the Alberta Court of Queen's Bench (the "Court") dismissed a constructive dismissal claim brought by an employee who was placed on unpaid leave for refusing to comply with their employer's mandatory masking policy. The decision bolsters the legality of employer mandatory masking policies that were implemented in response to the pandemic and government masking requirements, and provides some assurance to employers that properly drafted policies do not amount to constructive dismissal.

The Facts

Benke involved an employee of Loblaw Companies Limited ("Loblaw"), Mr. Benke, whose responsibilities involved overseeing the produce and floral departments of Loblaw's 61 stores in Alberta and British Columbia. After the onset of the pandemic, Mr. Benke's role required him to continue to perform work in Loblaw's stores. In August 2020, in response to government masking by-laws

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