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.
The Puerto Rico Supreme Court has reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent for such agreements.
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.
California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State. This article briefly summarizes the new laws, most of which take effect on January 1, 2022.
