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ARTICLE · 21 OCTOBER 2022

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Unpaid Leave For Unvaccinated Office Worker Didn't Amount To Constructive Dismissal: BCSC

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On September 26, 2022, the British Columbia Supreme Court (BCSC) rendered its decision in Parmar v. Tribe Management Inc., a case involving an office worker who was placed on unpaid...

CanadaEmployment and HR
Bret Lercher
Bret Lercher
Jean Torrens
Jean Torrens
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An employer's decision to place an office worker on unpaid leave for failing to comply with a mandatory vaccination policy did not amount to constructive dismissal, according to a recent decision out of British Columbia.

On September 26, 2022, the British Columbia Supreme Court (BCSC) rendered its decision in Parmar v. Tribe Management Inc., a case involving an office worker who was placed on unpaid leave for refusing to comply with a mandatory vaccination policy (MVP). After the employee resigned from her position, she sued her employer for constructive dismissal.

Notably, the judge in this case took judicial notice of the seriousness of COVID-19 and the efficacy of vaccines – meaning that these facts are so well-known they cannot reasonably be doubted and do not require specific evidence before the court to substantiate.

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