In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’ employment relationship. The employer was therefore entitled to terminate the employee’s employment without providing notice of termination or damages in lieu of common law reasonable notice.
Background
The employee was employed as a Systems Technician by VuPoint Systems Ltd. (VuPoint) from May 2014 to October 2021. VuPoint provides satellite television and smart home installation services for Bell Canada and Bell Express Vu (collectively, Bell). Bell provides 99% of VuPoint’s annual income and the employee performed work for Bell.
In September 2021, Bell informed VuPoint that its installers would be required to receive two doses of an approved COVID-19 vaccine and non-compliance would constitute a material breach of Bell’s supply agreements (Bell Policy). VuPoint then adopted a mandatory vaccination policy requiring its installers to be vaccinated and provide proof of vaccination (VuPoint Policy). The VuPoint Policy indicated that non-compliant installers would be prohibited from performing work for certain clients including Bell, and may not be assigned any jobs, but it did not mention termination of employment.
The employee was non-compliant with the VuPoint...
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