Employers subject to provincial legislation that have employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings.
An arbitrator recently dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination practice was a reasonable exercise of management rights and responsibilities under the collective agreement.
On May 12, 2022, the Ontario Court of Appeal released its long-awaited decision in a case concerning whether an Ontario regulation precludes an employee who was laid off during the pandemic from claiming constructive dismissal at common law.
On April 22, 2022, Ontario announced that it is maintaining the existing provincial masking requirements in select higher-risk indoor settings, as well as other current directives, until June 11, 2022.
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace.
An arbitrator recently decided that the mandatory vaccination policy of BC Hydro was reasonably necessary to justify the significant intrusion on its employees’ bodily integrity and medical privacy - but the policy's discipline aspect was unreasonable.
An arbitrator in British Columbia held that an employer rightfully terminated an employee who was ineligible for work for refusing to receive a COVID-19 vaccine despite a government order requiring it.
An Ontario arbitrator recently upheld a retirement home’s mandatory vaccination policy as a reasonable workplace rule consistent with the collective agreement, the Occupational Health and Safety Act and the Retirement Homes Act, 2010.
An arbitrator has upheld the Toronto District School Board’s mandatory COVID-19 vaccination policy, determining determined that the policy did not infringe section 7 of the Charter of Rights and Freedoms and was a reasonable exercise of management rights.
