In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy.
In Canada Post Corporation and Canadian Union of Postal Workers (CUPW), the arbitrator denied CUPW’s cease and desist application filed under the collective agreement, which arose when the employer imposed a mandatory vaccination policy.
In Teamster’s Local Union 847 v. Maple Leaf Sports and Entertainment, the arbitrtor denied a union’s grievance over an employer’s policy that required its employees to be fully vaccinated against COVID-19 and to disclose their vaccine status.
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination policy.
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed articles and commentary.
The Ontario Superior Court recently dismissed union applications for injunctions to restrain two entities from suspending or terminating unvaccinated employees before their mandatory vaccination policies could be challenged in the grievance process.
An arbitrator recently considered issues relating to a Vaccinate or Test Policy that provided, among other things, that if employees refuse to test, they will be placed on an unpaid leave of absence for a maximum of six weeks and terminated thereafter.
An Ontario arbitrator recently dismissed a union’s policy grievance and upheld a mandatory COVID-19 vaccination policy on the grounds that it was reasonable and did not breach the collective agreement.
On October 29, 2021, the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of several healthcare employees who were not fully vaccinated against COVID-19.
The Supreme Court of Canada recently decided that in Manitoba, human rights disputes arising from the interpretation, application, or alleged violation of a collective agreement fall within the exclusive jurisdiction of a labour arbitrator.
