Unpaid leave for non-compliance with a mandatory vaccination policy is not constructive dismissal, says the BC Supreme Court

In response to the COVID-19 pandemic, and with encouragement from Federal and Provincial governments, many private sector businesses implemented a mandatory vaccination policy (“MVP”) for employees in 2021. Employers across the country had to grapple with how to address employees’ refusal to comply with MVPs. The following paper by Eve Magnussen discusses an important new decision where the BC Supreme Court found that an employee’s unpaid administrative leave did not constitute constructive dismissal.

Eve Moore

Eve is an associate lawyer at Guild Yule LLP. She has a general litigation practice that includes the defence of professionals, homeowners, educational institutions, health authorities and businesses. Her areas of practice include personal injury, employment, professional liability, construction, property damage, medical negligence and administrative matters.