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just cause dismissal

By | 2 Minutes Read

Violating COVID-19 public health guidelines = Just cause

I have received many calls from employers asking what to do if an employee refuses to follow COVID-19 public health guidelines. In one case, an arbitrator upheld the discharge of a unionized employee who did not follow COVID public health guidelines.

By | 4 Minutes Read

Breach of COVID-19 safety procedures justifies dismissal

We are finally starting to see how the first labour and employment cases have grappled with COVID-19 in the workplace. One such decision is Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance) ([2020] O.L.A.A. No. 162)[1], an arbitral award centred on staff working at an airport. The Shoker Grievance stems from a bulletin entitled "Know the Difference: Self -- Monitoring, Self -- Isolation, and Isolation for Covid -- 19 guidelines" (the “Health Bulletin”) which was distributed by Garda to its workers in late March 2020.

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