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Coronavirus/COVID-19 › Canada › Employee Rights

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Stikeman Elliott LLP

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

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The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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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

Littler

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

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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

Littler

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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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

Stikeman Elliott LLP

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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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

Bennett Jones LLP

Responding to Requests for Religious Exemptions to Vaccination Policies

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In an effort to mitigate the spread of COVID-19 in the workplace, many employers are implementing vaccination requirements for employees. Vaccination policies are employer specific and vary widely in terms of their particular...more

Bennett Jones LLP

Challenging Mandatory Vaccination Policies in Ontario: Arbitrators Take a First Look and Reach Differing

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There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law...more

Littler

Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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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

Littler

Canada: British Columbia Office of the Human Rights Commissioner Provides Guidance to Employers on Vaccination Status Policies

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British Columbia’s Office of the Human Rights Commissioner (BCOHRC) recently released A human rights approach to proof of vaccination during the COVID-19 pandemic (Guidance), which offers general advice on how employers and...more

Littler

Ontario, Canada Releases Details About Employer Reimbursement Process for Paid COVID-19 Leave

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Ontario recently enacted Bill 284, COVID-19 Putting Workers First Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to require employers to provide employees up to three days’ pay if they miss work for certain...more

Littler

Some Canadian Provinces Provide Paid COVID-19 Vaccination Leave, Others Encourage Leave Through Reimbursement Programs

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Employees in Canada who want to get vaccinated but lack a contractual or statutory right to paid time off to do so may be unable to afford the reduction in income that would ensue if they took time off work to get...more

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