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Arbitrator Strikes Down Mandatory Vaccine Policy due to Outdated Definition of “Fully Vaccinated”

In a recent arbitral decision released on June 17, 2022, FCA Canada Inc. v. Unifor, Locals 195,444,1285, 2022 CanLII 52913 (ON LA), an arbitrator considered whether a mandatory vaccine policy, in a federally regulated workplace, ought to continue given the shifting nature of the pandemic. This was considered in the context of a unionized workplace. […]

Federal Government suspends Mandatory Vaccine Policy

As of June 20, 2022, the federal government suspended its Policy on COVID-19 Vaccination for Core Public Administration employees (the “Policy”). The Policy initially came into force on October 6, 2021. The Government of Canada release states that vaccines continue to provide strong protection against serious illness, and provide a level of protection against infection […]

Ontario Extends COVID-19 Sick Leave until March 2023

On July 21, 2022, the Ontario Government announced that the Worker Income Protection Benefit program will be extended to March 31, 2023. Eligible workers are entitled three (3) paid sick days up to $200/day. The program was set to expire on July 31, 2022. Employers may seek reimbursement of the paid leave through the Workplace […]

Union Refusal to Advance Mandatory Vaccination Policy Grievance Not in Breach of the Duty of Fair Representation

With mandatory vaccination policies (“MVPs”) turning the modern workplace into a contentious battleground, labour boards across Canada have had to grapple with the question of trade unions’ duty of fair representation (“DFR”) in challenging such policies. Two decisions have recently confirmed that where there is opposition to MVPs, a union is not required to file […]

Arbitrator Decides that Employer can Place Employee on Unpaid Leave of Absence for Failure to Provide Vaccination Status

The recent decision of Teamsters Local Union 847 v Maple Leaf Sports and Entertainment 2022 CanLII 544, has provided guidance on the outcome of a failure of a unionized employee to provide information regarding their vaccination status in light of a vaccination policy being implemented. On September 2, 2021, the employer, Maple Leaf Sports and […]