Legal challenges of employer COVID-19 vaccine mandates largely tossed out, experts say
Global News
Legal challenges of employer vaccine mandates are being tossed out as arbitrators in Canada largely side with the need to maintain safe workplaces during a COVID-19 pandemic.
Legal challenges of employer vaccine mandates and health measures are being tossed out as arbitrators in Canada largely side with the need to maintain safe workplaces during a pandemic, legal experts say.
Most of the cases with rulings so far involve employee grievances in unionized workplaces, which have an expedited decision-making process compared with the courts, they say.
A scan of decisions issued in recent weeks shows arbitrators are largely erring on the side of caution and minimizing health risks to employees and the public, experts say.
“The first decisions have clearly set the tone in favour of employers and their obligation to maintain a safe workplace,” said Adam Savaglio, an employment lawyer and partner with Scarfone Hawkins LLP in Hamilton, Ont.
“We have a significant number of arbitration decisions in unionized environments that are showing that vaccine mandates and restrictions are being upheld.”
A recent arbitration decision between Hydro One Inc. and the Power Workers’ Union dismissed the grievances of multiple workers placed on unpaid leave for failing to comply with the utility’s COVID-19 vaccination policy.
The policy required unvaccinated workers — and those who declined to reveal their vaccination status– to take regular rapid tests.
In his decision, chief arbitrator John Stout said the policy is reasonable and necessary to address the ongoing health and safety issues arising from the pandemic.
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