As employers face the ongoing challenge of amending
their workplace policies in light of the evolving COVID-19
pandemic, theses policies continue to become the subject of
consideration in the courts. In Benke v Loblaw Companies
Limited, 2022 ABQB 461, the Alberta Court of Queen's Bench
considered whether placing an employee who refused to comply with
the company's mask policy on unpaid leave amounted to
constructive dismissal. The Court decided that the employer's
actions did not amount to constructive dismissal. Instead, the
employee was found to have resigned.
Facts
In July, 2020, the City of Calgary passed a bylaw that required
people in public premises to wear a mask. In response, Mr. Benke,
an employee at Loblaw Companies Limited ("Loblaw"),
obtained a note from his family doctor stating that he was unable
to wear a face mask due to illness. The illness was not identified
and no explanation was provided as to why the illness prevented him
from wearing a
