Are masking policies still valid?

His job required him to work both remotely and in-store, and the position called for him to make regular store visits.

In early 2019, the worker experienced health issues and doctors were unable to diagnose the problem. He occasionally had to be absent from work to attend medical appointments, which the company accommodated.

He eventually came back to work and despite numerous attempts by the employer to ascertain a reason for a refusal to wear a mask at work, the worker never gave a valid reason.

The worker was sent home due on an unpaid leave and alleged he was constructively dismissed, leading to a hearing that he lost.

“[Courts and arbitrators] are showing that there’s little patience for employees who can’t provide some type of objective evidence to support exemptions… from a masking policy, as well as moving into the vaccination sphere,” says Jackie Laviolette, an employment and labour lawyer at Mathews Dinsdale.