In Cooper v Porcupine Opportunities( 2020 SKCA 33) Caldwell J. upheld a bad faith damage award of a long term foreman.
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) ( O.L.A.A. No. 162), 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.
Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in Sewell v. Provincial Fruit Co. Limited.