An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance. In Lakeridge Health and...more
6/8/2023
/ Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Healthcare Workers ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Unions ,
Vaccinations ,
Workplace Safety ,
Wrongful Termination
On March 23, 2023, Ontario released its 2023 Ontario Budget: Building a Strong Ontario (2023 Budget). The Budget provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023....more
3/27/2023
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Employees ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
Although arbitrators in Canada have considered whether an employer in a unionized workplace can place an employee on unpaid leave for failing to comply with its mandatory COVID-19 vaccination policy, the British Columbia...more
10/7/2022
/ Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
International Labor Laws ,
Unpaid Leave ,
Vaccinations ,
Workplace Safety
In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen’s Bench of Alberta (ABQB) dismissed an employee’s claim that he had been constructively dismissed when his employer did not accommodate him with a mask...more
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. In this...more
4/27/2022
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
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
In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19...more
3/25/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
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
Ontario first released its plan to follow a cautious and phased approach to lifting COVID-19 public health and workplace safety measures on January 20, 2022. On February 14, 2022, however, Ontario announced that with key...more
2/16/2022
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Health Emergency ,
Re-Opening Guidelines ,
Workplace Safety
With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced that commencing January 31, 2022, in the absence of concerning trends, it would begin to take steps to...more
1/21/2022
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Relief Measures ,
Seating ,
Vaccine Passports ,
Workplace Safety
On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) that provided, among other things, that if...more
11/18/2021
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Unpaid Leave ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
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...more
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
On August 13, 2021, Canada announced that, as early as the end of September, it will require COVID-19 vaccination across the federal public service. Accommodations or alternative measures (e.g., testing or screening) for the...more
8/24/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Public Employees ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On August 11, 2021, in the context of the vaccine roll-out and emerging COVID-19 variants of concern, Ontario released COVID-19 Fully Immunized and Previously Positive Individuals: Case, Contact and Outbreak Management...more
On July 30, 21, Ontario filed O. Reg. 541/21 (Regulation), which adds a new “Roadmap Exit Step” to the Rules for Areas at Step 3 of its Roadmap to Reopen (Roadmap). ...more
8/6/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Ontario ,
Personal Protective Equipment ,
Public Health Emergency ,
Re-Opening Guidelines ,
Workplace Safety
In EllisDon Construction Ltd. v. Labourers’ International Union of North America, Local 183, 2021 CanLII 50159, an Arbitrator in Ontario decided that when the intrusiveness of an employer’s compulsory Rapid COVID-19 Antigen...more
7/14/2021
/ Arbitration ,
Canada ,
Collective Agreements ,
Construction Workers ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
On April 23, 2021, Ontario filed Regulations 313/21, 314/21 and 315/21 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The Regulations create new requirements relating to the temporary removal of...more
On April 16, 2021, Ontario announced a two-week extension of its third declaration of emergency and its second Stay-at-Home order, and that in response to the rapid increase of COVID-19 case rates and pressure on the health...more
On April 13, 2021, Ontario announced that in Phase 2 of its COVID-19 vaccine distribution plan it will provide vaccines to those 18 and over via mass immunization clinics, mobile teams, and pop-up clinics in highly impacted...more
In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more
4/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Exemptions ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Reasonable Accommodation ,
Workplace Safety
On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The Regulation came into force on October 3, 2020....more
10/9/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Personal Protective Equipment ,
Public Health ,
Reasonable Accommodation ,
Workplace Safety
In an effort to prevent the spread of COVID-19 and to protect the health, safety and well-being of its residents within enclosed public spaces, on June 30, 2020, the City of Toronto passed By-Law 541-2020 (“By-Law”). The...more