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
Face coverings are optional for people in all indoor public settings. People can continue to wear a mask based on personal choice. Individual businesses and organizations can choose to continue to require mask wearing on...more
On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist....more
Last May, Ontario released its Roadmap to Reopen, a three-step plan to safely and gradually reopen the province and loosen certain public health restrictions. In July, Ontario filed O. Reg. 541/21, which added a new “Roadmap...more
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
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 on January 20, 2022, that commencing January 31, 2022, it would begin to take steps to cautiously and...more
2/1/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Telecommuting ,
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
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
Due to high infection rates from the Omicron variant and an increase in hospitalizations, on January 7, 2022, British Columbia’s Provincial Health Officer (PHO) announced an order (not yet available) requiring employers to...more
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
On November 10, 2021, Ontario announced that, out of an abundance of caution, it is pausing the lifting of capacity limits in the following higher-risk settings where proof of vaccination is required...more
11/11/2021
/ Adult Entertainment ,
Canada ,
Capacity ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Entertainment Venues ,
Infectious Diseases ,
New Guidance ,
Nightclubs ,
Ontario ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
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
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
On October 6, 2021, the Canadian federal government announced that federal public servants in the Core Public Administration (CPA) as well as employees in the federally regulated air, rail and marine transportation sectors...more
10/14/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
Public Health Emergency ,
Public Servants ,
Vaccinations ,
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
With the Delta variant putting residents and staff in long-term care homes at risk of contracting COVID-19, on October 1, 2021, Ontario announced certain mandatory vaccination and randomized testing requirements....more
10/6/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Ontario ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
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
Ontario’s proof of vaccine requirement for patrons of certain indoor public settings commenced on September 22, 2021. In response to this new regime, as well as to the recent trend among employers to implement vaccination...more
9/27/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Human Rights Code ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
Reasonable Accommodation ,
Vaccinations ,
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