Managing employees who refuse to comply with a corporate face
mask policy can be challenging for employers. In Canada, the
Alberta Court of Queen's Bench has officially weighed in on the
debate.
A Canadian court has ruled that putting an employee on an unpaid
leave of absence for refusing to comply with the employer's
mandatory Mask Policy, did not amount to constructive dismissal.
Instead, the Court ruled that the employee had resigned.
Background
In 2020, Loblaw, a chain of supermarkets, instituted a masking
policy for all employees and customers. The policy contained
several exemptions, including:
- individuals with an underlying medical condition which inhibits
their ability to wear a mask,