In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more
8/20/2024
/ Adverse Employment Action ,
Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Frustration of a Common Purpose ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Vaccinations ,
Workplace Safety ,
Wrongful Termination
In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more
12/18/2023
/ Canada ,
Constructive Discharge ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
International Labor Laws ,
Unpaid Leave ,
Vaccinations ,
Workplace Safety
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
In Croke v. VuPoint Systems Ltd., 2023 ONSC 1234, Ontario’s Superior Court of Justice decided that an employee’s refusal to comply with mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’...more
3/14/2023
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Frustration of a Common Purpose ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Vaccinations
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 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 June 14, 2002, Canada announced that, due to the country’s improved public health situation, certain vaccination requirements are suspended as of June 20.
Federally Regulated Travel Sector...more
6/24/2022
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
Public Health ,
Traveling Employee ,
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
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
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 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
Fully Vaccinated Travellers -
On March 17, 2022, Canada announced that, effective April 1, 2022, fully vaccinated travellers will no longer be required to provide a pre-entry COVID-19 test result to enter Canada....more
3/21/2022
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
Public Health ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations ,
Virus Testing
In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more
2/24/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
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
In Canada Post Corporation and Canadian Union of Postal Workers (CUPW), Arbitrator Kevin Burkett denied CUPW’s cease and desist application filed under the collective agreement (CA), which arose when the employer imposed a...more
1/26/2022
/ Arbitration ,
Canada ,
Cease and Desist Orders ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
Labor Relations ,
Unions ,
Vaccinations ,
Virus Testing
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more
1/20/2022
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
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 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more
12/1/2021
/ Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Grievance Process ,
Healthcare Workers ,
Hiring & Firing ,
Human Rights ,
Infectious Diseases ,
Injunctive Relief ,
International Labor Laws ,
Jurisdiction ,
Ontario ,
Unions ,
Vaccinations ,
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