On December 7, 2021, Ontario announced it would extend the availability of Paid Infectious Disease Leave until July 31, 2022, and the temporary relief measures from the termination and severance provisions of the ESA until July 30, 2022.
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.
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.
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.
On October 22, 2021, Ontario announced the release of its phased plan to gradually lift all remaining public health and workplace safety measures by March 2022, as set out in A Plan to Safely Reopen Ontario and Manage COVID-19 for the Long Term.
On October 15, 2021, Employment and Social Development Canada updated its website with information for employers, to provide updated guidance regarding how employers should fill out Records of Employment.