A note regarding Leave Without Pay:
LWOP – leave without pay
There is no provision in the Collective Agreement for the employer to force employees on leave without pay. The employer cannot just decide to put the employee on unpaid leave. While available as one of the options of leave, LWOP is initiated by the employee or it requires the voluntary consent of the employee. This means the employees can take an unpaid leave, but the employer cannot force them. There are no provisions in the Canada Labour Code, Part II and Part III that allow the employer to forcibly place employees on leave without pay.
Case Law: Cabiakman v. Industrial Alliance Life Insurance Co. [2004]
https://canliiconnects.org/en/commentaries/46624
Summary: If the employee is available and willing to work, the employer cannot place an employee on administrative suspension without pay.
The Supreme Court of Canada in the case of Cabiakman v. Industrial Alliance Life Insurance Co. [2004] 3 S.C.R. 195, 2004 SCC 55, states that the following are required when placing an employee on administrative suspension:
§ The suspension must be necessary to protect the legitimate business interest;
§ The employer must be acting in good faith;
§ The suspension must be for a relatively short time period for a fixed term; and
§ Other than in exceptional circumstances, the suspension must be paid.
https://thinkwithmabellemichelle.wordpress.com/2021/11/26/oag-employee-questions-medical-experiment/
LWOP – leave without pay
There is no provision in the Collective Agreement for the employer to force employees on leave without pay. The employer cannot just decide to put the employee on unpaid leave. While available as one of the options of leave, LWOP is initiated by the employee or it requires the voluntary consent of the employee. This means the employees can take an unpaid leave, but the employer cannot force them. There are no provisions in the Canada Labour Code, Part II and Part III that allow the employer to forcibly place employees on leave without pay.
Case Law: Cabiakman v. Industrial Alliance Life Insurance Co. [2004]
https://canliiconnects.org/en/commentaries/46624
Summary: If the employee is available and willing to work, the employer cannot place an employee on administrative suspension without pay.
The Supreme Court of Canada in the case of Cabiakman v. Industrial Alliance Life Insurance Co. [2004] 3 S.C.R. 195, 2004 SCC 55, states that the following are required when placing an employee on administrative suspension:
§ The suspension must be necessary to protect the legitimate business interest;
§ The employer must be acting in good faith;
§ The suspension must be for a relatively short time period for a fixed term; and
§ Other than in exceptional circumstances, the suspension must be paid.
https://thinkwithmabellemichelle.wordpress.com/2021/11/26/oag-employee-questions-medical-experiment/
Thoughts Captured
OAG employee questions medical experiment mandates
**Have you resigned because of the mandates? Have you sent an open letter to your team or department? Would you like your letter to be open to the public? If so, please contact us and we will publi…
This media is not supported in your browser
VIEW IN TELEGRAM
“It is insane to make this mandatory.'' — MEP Robert Roos