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.
On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in a separate case, Arbitrator Stout struck down such a policy in Electrical Safety Authority and Power Workers’ Union.
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 November 10, 2021, Ontario announced that, out of an abundance of caution, it is pausing the lifting of capacity limits in certain higher-risk settings where proof of vaccination is required.
Ontario has introduced legislation to amend the Employment Standards Act, 2000 to increase minimum wage rates in the province effective January 1, 2022.
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.
This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers.
A proposed bill would amend Ontario’s Employment Standards Act, 2000 and other statutes in the province to improve protection and support of workers and provide Ontario with a competitive advantage in attracting innovative global talent.
