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COVID-19 Vaccine FAQs for Employers
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More than 13 million people in Canada are now fully vaccinated against COVID-19, yet we’re finding employers are more and more worried about those who still aren’t and don’t plan to be. 

Below, we answer some of the questions we are hearing from employers and set out what we think they should be considering.

1. Can I implement a mandatory vaccination policy in my workplace?

The question is really would it be reasonable to do so? This will depend on the context of the workplace and what other safety measures can be appropriately taken. If there isn’t a high risk of infection in the workplace, it won’t be reasonable. If the work is performed without exposure to risk, for instance by working remotely, then the answer is easier—it’s absolutely unreasonable.
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Leave to Appeal Waksdale Decision
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The highest Canadian court has just confirmed that an invalid “just cause” termination section in an employment contract will also knock out the entire termination section, including the “without cause” section. 

In our earlier blog discussing employment termination packages –Termination Entitlements: Benefits, Bonuses, and Commissions – we promised to keep you updated on 2020’s employment law decision of the year, Waksdale v. Swegon North America Inc. So here we go. 

Leave to Appeal Denied

To recap, Waksdale was a decision from the Ontario Court of Appeal that immediately put termination provisions in jeopardy. In the case, the Court of Appeal found that the employer, Swegon North America, could not rely on their properly drafted “without cause” termination provision, in a without cause termination of their employee, Benjamin Waksdale. The reason is that the  “with cause” provision in the same termination section of his contract was missing certain criteria and did not comply with Ontario’s Employment Standards Act, 2000. We wrote about the decision last summer here
Continue Reading Waksdale: Now the Final Word on Termination Provisions – Leave to Appeal Waksdale Decision to the Supreme Court of Canada is Denied