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ARTICLE · 05 DECEMBER 2023

Unpaid Leave For Non-Compliance With Mandatory Vaccination Policy Not A Constructive Dismissal

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Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 ("Van Hee") is an important decision for Canadian employers.

CanadaEmployment and HR
Bruce Graham
Bruce Graham
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Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 ("Van Hee") is an important decision for Canadian employers. It is only the second civil court decision to assess whether the placement of an employee on an unpaid leave of absence, in response to the employee's failure to comply with a mandatory vaccination policy, amounts to a constructive dismissal.

In a detailed analysis, Judge Burt of the Alberta Court of Justice concluded that the Employer's mandatory vaccination policy was reasonable and justified, and that the unilateral placement of the Plaintiff on an unpaid leave of absence was not a constructive dismissal.

This decision is also noteworthy because:

  • Judge Burt found that the Plaintiff resigned from her employment when, while on unpaid leave, the Plaintiff's legal counsel issued a draft Civil Claim to the Employer. According to Judge Burt: "That conduct was inconsistent with the continuation of an employment relationship between the parties."

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