Vaccination of your workforce is essential to safely reopening workplaces and bringing employees back. But what does the law say?
With Ontario expected to lift the state-of-emergency shortly and the resumption of non-essential business operations, employers may begin to consider recalling employees who have been temporarily laid-off or placed on a deemed job-protected leave.
As my contracts professor used to say, “you can’t suck and blow at the same time”. What he meant was that you cannot seek to enforce some parts of a contract while simultaneously breaching others. That is what happened to Rand A Technology Corporation in a recent case: they breached the termination clause in the employment contract by paying less than they were required to but, when the employee complained, they tried to rely on that same termination clause to limit their liability. They lost.