B.C. Court of Appeal dismisses wrongful termination claim by former City of Prince George employee

The court rejected that argument, finding that the employment contract contained an implied term allowing the City to introduce workplace health and safety policies. Justice Francis wrote that once such an implied term exists, employers may implement specific policies, including vaccination requirements, so long as they are, reasonable and justified.

The ruling emphasized the City’s legal obligations under workplace safety legislation to maintain a safe working environment and mitigate health risks during the COVID-19 pandemic.

The appellate court agreed with the lower court that Clark’s unpaid leave was administrative rather than disciplinary in nature and that the City had legitimate business reasons for the policy. The judges found no evidence of bad faith by the employer.

Clark argued on appeal that the lower court should have specifically determined whether there was an implied contractual term authorizing a mandatory vaccination policy, rather than a broader authority to implement workplace safety policies.

The Court of Appeal disagreed, stating that requiring employers to establish a separate implied contractual term for every individual safety policy would lead to “absurd results.” The judgment noted that employers must retain flexibility to introduce reasonable workplace rules in response to evolving health and safety concerns.

The court concluded that the City’s vaccination policy and resulting unpaid leave were reasonable and justified under the circumstances of the COVID-19 pandemic.

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Email: Adam.Berls@pattisonmedia.com

by Adam Berls

B.C. Court of Appeal dismisses wrongful termination claim by former City of Prince George employee

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