In a recently released arbitration award, Arbitrator Misra held that a mandatory vaccination policy which included the right of the Employer to terminate employees who refused to comply was unreasonable in the context of the specific provisions of the collective agreement that governed the parties. The workplace that was at issue was a long term ...
A recent arbitral decision provides hints at the analysis that the court may ultimately undergo if faced with a challenge to a mandatory vaccination policy. In Canada Post Corporation and Canadian Union of Postal Workers the arbitrator was asked to issue a cease and desist order in relation to the employer’s mandatory vaccination policy. The employer’s ...
A fourth arbitral decision in Ontario was released on January 4, 2022 that considered a company’s mandatory vaccination policy and whether it was enforceable. In Bunge Hamilton Canada, Hamilton Ontario and United Food and Commercial Workers Canada, Local 175 the arbitrator found that the company’s blanket mandatory vaccination policy (Vaccine Policy) was reasonable. This was ...
Another arbitral decision from Ontario has confirmed that dishonesty during COVID screening protocols can lead to termination for cause. While arbitration decisions are not binding on our courts, they do provide insight into the analysis that is likely to be undertaken when a similar set of facts is before the Court.
Holiday parties are a great way of saying thank you to employees and provide a great team-building opportunity. They are also a great way of increasing collegiality. When planning your holiday party, it is important for employers to remember the legal responsibilities that accompany serving alcohol at social events. Employers have the responsibility of ensuring ...
In this world where we are continuing to fight waves of COVID, remote work remains a reality for most workplaces. Responses range from embracing remote work as a means of retaining employees, expanding potential employment opportunities and reducing costs to reluctantly allowing remote work to continue only when absolutely necessary. Regardless of preference it is ...
A comprehensive employee policy manual is an excellent tool for onboarding, a great reference source for existing employees, and can provide you with convenient coaching materials. But your policy manual will only provide these benefits if it is comprehensive and well written. Your policy manual can provide information related to your workplace’s history, mission, and ...
You can’t turn on the news these days without hearing about vaccination mandates. The landscape is changing daily with companies and governments in Canada and the US issuing vaccine mandates. On August 12 BC announced that all long term care and assisted living workers, including volunteers and personal service workers who enter these facilities, were ...
All workers in BC are covered by the British Columbia Employment Standards Act (the “Act”). The Act provides employees with a number of job protected leaves, some of which are paid and most of which are unpaid. These leaves trigger duties and responsibilities on employers. There are a variety of different types of leaves and ...
