In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy) requiring employees in...more
9/22/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Ontario ,
Vaccinations ,
Workplace Safety
In Public Health Sudbury & Districts v. Ontario Nurses’ Association, 2022 CanLii 48440 (ON LA), Arbitrator Robert J. Herman decided that the grievor was discriminated against on the basis of creed under the Ontario Human...more
6/27/2022
/ Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Religious Accommodation ,
Religious Discrimination ,
Vaccinations
On April 27, 2022, in Canada Post Corporation v. Canadian Union of Postal Workers (Canada Post), Arbitrator Thomas Joliffe, Q.C. dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination...more
5/19/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Grievance Process ,
Infectious Diseases ,
International Labor Laws ,
Vaccinations ,
Workplace Safety
In BC Hydro and Power Authority and IBEW, Local 258, Re, 2022 CarswellBC 837, Arbitrator Gabriel Somjen decided that the mandatory vaccination policy of BC Hydro, British Columbia’s primary electricity supplier, was...more
4/25/2022
/ Adverse Employment Action ,
Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
International Labor Laws ,
Vaccinations ,
Workplace Safety
On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more
4/13/2022
/ Adverse Employment Action ,
Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Workplace Safety
On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable...more
4/11/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Labor Disputes ,
Vaccinations ,
Workplace Safety
In The Toronto District School Board and CUPE, Local 4400 (Re: PR734 COVID-19 Vaccine Procedure) (TDSB and CUPE), Arbitrator William Kaplan upheld the Toronto District School Board’s (TDSB) mandatory COVID-19 vaccination...more
In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy (Policy). ...more
2/17/2022
/ Arbitration ,
Arbitrators ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
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...more
12/17/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Violence ,
Wrongful Termination
On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more
11/17/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more
11/15/2021
/ Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Statutory Violations ,
Unions ,
Vaccinations ,
Workplace Safety
Since September 22, 2021, patrons of restaurants and other specified businesses and organizations in Ontario have been required to provide proof of full vaccination status and identification at the entry point of applicable...more
10/21/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
QR Codes ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
In July, Ontario entered Step Three of its Roadmap to Reopen, and on September 22, 2021, began to require full vaccination (two doses plus 14 days) with proof of vaccination and ID to access restaurants and certain public...more
9/29/2021
/ Canada ,
Capacity ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Re-Opening Guidelines ,
Resorts & Restaurants ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On September 14, 2021, Ontario’s Ministry of Health released Version 1.0 of Medical Exemptions to COVID-19 Vaccination (Guidelines). The purpose of the Guidelines is to assist physicians/specialists and nurse practitioners...more
9/24/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Exempt-Employees ,
Infectious Diseases ,
International Labor Laws ,
Popular ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On September 14, 2021, Ontario released Regulation 645/21 and a guidance document, which provide support to businesses and organizations in the implementation of their vaccination requirements, which will commence on...more
In response to the fourth wave of the COVID-19 pandemic driven by the Delta variant, Ontario announced that commencing September 22, 2021, people will be required to be fully vaccinated (i.e., two doses plus 14 days) and...more
9/10/2021
/ Arenas and Stadiums ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Industry ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Resorts & Restaurants ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On August 20, 2021, Toronto’s Medical Officer of Health (TMOH) issued a statement effectively mandating that local employers institute a workplace vaccination policy (WVP) to protect their employees and the public from...more
British Columbia recently announced new public health requirements regarding COVID-19 vaccinations for those working at long-term care and seniors’ assisted living facilities. In the announcement, Dr. Bonnie Henry, British...more
8/20/2021
/ Assisted Living Facilities (ALFs) ,
Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Long Term Care Facilities ,
Vaccinations ,
Workplace Safety
On August 17, 2021, Ontario announced that COVID-19 vaccination policies would be mandatory in high-risk settings, and the province’s exit from the Roadmap to Reopen would be put on hold. Therefore, until further notice,...more
8/20/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On May 25, 2021, British Columbia released a four-step COVID-19 reopening plan, Restart: A plan to bring us back together. To move through the steps, British Columbia looks for...more
6/4/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
Public Gatherings ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Vaccinations ,
Workplace Safety
With increasing concerns over COVID-19 variants and the recent acceleration of the COVID-19 vaccination rollout to Ontario’s public, Ontario Premier Doug Ford was recently asked if the Government of Ontario would consider...more