In A Flash
Ontario’s Top Court Upholds Termination of Unvaccinated Worker
In a recent case, the Court of Appeal confirmed that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. There was, therefore, no obligation for the employer to provide notice of termination or pay in lieu of notice. The Court confirmed the motion judge’s findings, accepting that in the circumstances, all requirements for frustration had been met.
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