Mandatory Mask Policy Not A Constructive Dismissal

In an important decision for employers, the Alberta Court of Queen's Bench in Benke v Loblaw Companies Limited has held that an employee was not constructively dismissed after being placed on unpaid leave for failing to comply with a mandatory masking policy.

Facts

In August, 2020 Loblaw Companies Limited ("Company") implemented a mandatory masking policy (the "Mask Policy") due to the ongoing impacts of the COVID-19 pandemic. This policy required customers and employees to wear a mask when inside stores, subject to certain exemptions, including those with an underlying medical condition or disability that would inhibit the ability to wear a mask.

The employee was a long term employee who was required to work partly in-store and partly remote. After the implementation of the Mask Policy, the employee sought an exemption based on an undiagnosed medical condition.