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ARTICLE · 04 AUGUST 2022

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Mask Policies: When Employees Refuse To Comply

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.

CanadaEmployment and HR

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,

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