What is Canada's legal system saying about workplace vaccine mandates?
CTV
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."