The Ontario Court of Appeal has dismissed the appeal of a worker who claimed that his termination for refusing to comply with a vaccination mandate from his employer’s only client was a wrongful dismissal rather than a frustration of employment.
The worker was a technician for VuPoint, a company that provides satellite television and smart home installation services for Bell Canada. VuPoint was under contract to Bell for its employees to work for Bell and enter the homes of Bell customers to provide their services. Bell was VuPoint’s only client.
In September 2021, Bell informed VuPoint that all technicians working on Bell projects had to be vaccinated against COVID-19. Bell implemented its own mandatory vaccination policy and required all contractors and agents who worked at or visited any Bell location or customers to be fully vaccinated.