Log in
Log in
Or log in with
GoogleGoogle
Twitter Twitter
Facebook Facebook
Apple Apple     
Sign up
Or log in with
GoogleGoogle
Twitter Twitter
Facebook Facebook
Apple Apple     
  1. Homepage
  2. Equities
  3. Canada
  4. Toronto Stock Exchange
  5. Loblaw Companies Limited
  6. News
  7. Summary
    L   CA5394811015

LOBLAW COMPANIES LIMITED

(L)
  Report
Delayed Toronto Stock Exchange  -  04:15 2022-11-29 pm EST
121.26 CAD   -0.05%
11/22Loblaw Bargaining Standoff A Sign Of Heightened Labour Tension : expert
AQ
11/22George Weston Reports Q3 Adjusted Diluted EPS of $3.12
MT
11/22George Weston Brief: Q3 Adjusted net earnings available to common shareholders of the C from continuing operations were $453 million, an increase of $88 million, or 24.1%
MT
SummaryQuotesChartsNewsRatingsCalendarCompanyFinancialsConsensusRevisionsFunds 
SummaryMost relevantAll NewsAnalyst Reco.Other languagesPress ReleasesOfficial PublicationsSector newsMarketScreener Strategies
Days
:
Hours
:
Minutes
:
Seconds

Unpaid Leave For Refusal To Adhere To Masking Policy Does Not Constitute Constructive Dismissal

09/09/2022 | 06:10am EST

In an attempt to mitigate the spread of COVID-19 and comply with municipal by-laws, many employers implemented mandatory masking policies. Employees who refused to comply with the mandatory masking policy were often placed on an unpaid leave of absence. Benke v Loblaw Companies Limited (Loblaws) is the first decision from the Alberta courts that considers whether placing employees on an unpaid leave of absence for such non-compliance constitutes constructive dismissal.

Background

Employed by Loblaws since 2002, the plaintiff, Mr. Benke, was a Customer Experience Specialist - Produce. As part of his role, Mr. Benke was required to physically attend various Loblaws stores across Alberta and British Columbia.

Towards the end of July 2020, the City of Calgary passed a bylaw whereby, effective August 1, 2020, people in public premises were required to wear a mask (the Municipal Bylaw). Mr. Benke obtained a letter from his family doctor stating that he was exempt from the Municipal Bylaw due to illness. Between July 1, 2020 and August 29, 2020, Mr. Benke continued in his role and attended Loblaws establishments without a mask.

On August 29, 2020, Loblaws implemented a mandatory masking policy (the Loblaws Policy). Employees with an underlying medical condition that prevented them from safely wearing a mask were exempt from the Loblaws Policy. Mr. Benke's doctor refused to provide a new medical note indicating that Mr. Benke had an illness that made him eligible for this exemption.

Loblaws was made aware that Mr. Benke was unable to provide a medical note in support of his request for an exemption and placed him on an indefinite unpaid leave of absence for failing to comply with the Municipal Bylaw and the Loblaws Policy. Mr. Benke claimed that he was constructively dismissed as a result.

The Decision

At summary trial, the Court found that Mr. Benke did not have a disability or medical condition that would affect his ability to wear a mask as he provided no evidence of the same. As such, Loblaws was under no obligation to accommodate his refusal to wear a mask. Moreover, the Court concluded that Mr. Benke was placed on an unpaid leave because he had voluntarily chosen not to comply with the Loblaws Policy and was therefore not performing an essential part of his duties. The Court found that by refusing to comply with the Loblaws Policy, Mr. Benke had repudiated his employment contract. This conclusion was bolstered by the fact that Mr. Benke had returned the Loblaws vehicle in his possession and obtained new employment while on unpaid leave.

Takeaway

This decision may provide some solace to employers who implemented masking policies in response to municipal bylaws mandating that masks be worn in public spaces. It also reinforces that, in certain circumstances, an unpaid leave is a reasonable response to an employee's refusal to comply with a workplace policy. Employers should continue to review their COVID-19 policies, including any masking or vaccination policies, to ensure compliance with their obligations under occupational health and safety legislation and any public health recommendations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Kailey Hubele
Cassels
Suite 2200, HSBC Building 885 West Georgia Street
Vancouver
Vancouver, BC, V6C 3E8
CANADA
E-mail: johara@cassels.com
URL: www.cassels.com

© Mondaq Ltd, 2022 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com, source Business Briefing

All news about LOBLAW COMPANIES LIMITED
11/22Loblaw Bargaining Standoff A Sign Of : expert
AQ
11/22George Weston Reports Q3 Adjusted Diluted EPS of $3.12
MT
11/22George Weston Brief: Q3 Adjusted net earnings available to common sh..
MT
11/22George Weston Brief: Q3 Adjusted diluted net earnings per common sha..
MT
11/18George Weston Price Target Increased at TD, RBC
MT
11/17National Bank Raises Loblaw Target to $130,Also Ups Estimates, After Q3 Beat
MT
11/16Loblaw : builds on track record of transparency with inaugural Task Force on Climate-Relat..
PU
11/16TSX dips as lower oil prices pressure energy shares
RE
11/16Loblaw, Metro warn food inflation could persist as suppliers continue to hike prices
AQ
11/16Shoppers Drug Mart parent company says cough and cold sales hit all-time high
AQ
More news
Analyst Recommendations on LOBLAW COMPANIES LIMITED
More recommendations
Financials
Sales 2022 56 009 M 41 108 M 41 108 M
Net income 2022 1 863 M 1 367 M 1 367 M
Net Debt 2022 3 402 M 2 497 M 2 497 M
P/E ratio 2022 21,8x
Yield 2022 1,30%
Capitalization 39 395 M 28 914 M 28 914 M
EV / Sales 2022 0,76x
EV / Sales 2023 0,73x
Nbr of Employees 220 000
Free-Float 44,6%
Chart LOBLAW COMPANIES LIMITED
Duration : Period :
Loblaw Companies Limited Technical Analysis Chart | MarketScreener
Full-screen chart
Technical analysis trends LOBLAW COMPANIES LIMITED
Short TermMid-TermLong Term
TrendsBullishNeutralNeutral
Income Statement Evolution
Consensus
Sell
Buy
Mean consensus OUTPERFORM
Number of Analysts 11
Last Close Price 121,26 CAD
Average target price 130,68 CAD
Spread / Average Target 7,77%
EPS Revisions
Managers and Directors
Galen G. Weston Executive Chairman, President & CEO
Richard Dufresne Chief Financial Officer
David Markwell Chief Technology & Analytics Officer, Executive VP
Robert Sawyer Chief Operating Officer
Robert Wiebe Chief Administrative Officer
Sector and Competitors
1st jan.Capi. (M$)
LOBLAW COMPANIES LIMITED17.00%28 914
WALMART INC.5.72%415 197
SYSCO CORPORATION9.40%43 121
KROGER CO. (THE)7.89%35 325
WOOLWORTHS GROUP LIMITED-7.95%28 361
AHOLD DELHAIZE N.V.-7.28%28 293