WRONGFUL DISMISSAL - Constructive dismissal

Law360 Canada (November 7, 2022, 9:35 AM EST) -- Action by Benke for constructive dismissal and claim for substantial damages in lieu of notice. For parts of 2020 and 2021, employers, municipalities, and public health authorities mandated the wearing of face masks in public places of business to mitigate the transmission of the virus that caused COVID-19. Benke sought an exemption to the requirements to wear a face mask based on an undiagnosed medical condition. Benke’s doctor provided him with a certificate stating that he did not have to wear a mask in the early stages of the COVID-19 pandemic so that he could be exempted from complying with the City of Calgary mask by-law (Mask Bylaw). Later, the doctor declined to state that Benke’s request to be exempted from wearing a mask had a medical justification. Loblaw put Benke on indefinite unpaid leave because he refused to wear a mask in stores without medical justification and thereby did not comply with the Mask Bylaw and Mask Policy....
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