B.C. judge rejects constructive dismissal claim tied to COVID-19 vaccine policy

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B.C. judge rejects constructive dismissal claim tied to COVID-19 vaccine policy
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A mandatory vaccine policy for the pandemic in the winter of 2021 and January 2022 was a reasonable policy choice for employers, B.C. Supreme Court Justice Heather MacNaughton says

B.C. Supreme Court says an employer was entitled to place an employee on an unpaid leave of absence for failing to comply with a COVID-19 mandatory vaccination policy .

“In the extraordinary circumstances of the pandemic in the winter of 2021 and January 2022, implementing an MVP was a reasonable policy choice for employers,” MacNaughton said. The workplace and claim Parmar had been employed by Gateway Property Management, which Tribe acquired in July 2021, according to the ruling.

The company said if Parmar sustained any losses, they were a result of her failure to mitigate by becoming vaccinated, and that she could have resumed employment once she got vaccinated as most of her colleagues had done.When the pandemic struck, Parmar was able to work remotely for some of the time but never entirely from home. She did need to be in the office on occasion to sign cheques.

“There is no dispute that Ms. Parmar carefully observed or exceeded all of the public health requirements while she was in the Tribe office,” MacNaughton said. On Dec. 15, Parmar sent a letter via email, requesting to return to work within one week, or she would allege constructive dismissal. She outlined safety mitigation measures that could allow her to continue working, including a willingness to undergo regular rapid testing, at her expense, if she needed to be in the office.The employee’s concerns Court documents say Parmar's father experienced headaches after his first dose; they became severe after his second jab.

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