Workplace Caselaw Update
Local governments have been grappling with unprecedented change in 2021, as the pandemic continues and we move to a “new normal” in our work lives. While the vaccines have allowed us to go back to some of our pre-pandemic activities, the introduction of vaccine cards has given rise to a new set of legal issues. At the same time, COVID-related cases have started to reach their conclusion in the courts and at arbitration so we have a better idea of how adjudicators will view claims related to COVID employment issues.
While the pandemic has created new challenges in the area of labour and employment law, local governments continue to manage issues such as misconduct, harassment, and terminations. This paper will provide a survey of recent cases in human rights, labour, and employment law. Topics reviewed include COVID layoffs; gender identity discrimination; employee surveillance; workplace threats; changes to employment contracts; and the continuing importance of treating employees in good faith in the dismissal process.