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ARTICLE · 09 SEPTEMBER 2022

Unpaid Leave For Refusal To Adhere To Masking Policy Does Not Constitute Constructive Dismissal

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In an attempt to mitigate the spread of COVID-19 and comply with municipal by-laws, many employers implemented mandatory masking policies.

CanadaEmployment and HR
Kailey Hubele
Kailey Hubele
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In an attempt to mitigate the spread of COVID-19 and comply with municipal by-laws, many employers implemented mandatory masking policies. Employees who refused to comply with the mandatory masking policy were often placed on an unpaid leave of absence. Benke v Loblaw Companies Limited (Loblaws) is the first decision from the Alberta courts that considers whether placing employees on an unpaid leave of absence for such non-compliance constitutes constructive dismissal.

Background

Employed by Loblaws since 2002, the plaintiff, Mr. Benke, was a Customer Experience Specialist - Produce. As part of his role, Mr. Benke was required to physically attend various Loblaws stores across Alberta and British Columbia.

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