The year has kicked off with an award of significant enhanced damages in a wrongful dismissal claim. While it is not uncommon for dismissed employees to seek aggravated and punitive damages following their termination, these are damages that are not commonly awarded and when they are, they tend to be in modest amounts. That trend ...
A lot of things have changed in workplaces since March 2020 when the COVID 19 pandemic began.
In a March 17 arbitration award, yet another Ontario arbitrator found a mandatory vaccination policy to be reasonable. In Unifor Local 973 and Coca-Cola Canada Bolling Limited the arbitrator reviewed the significant impact that COVID-19 had had on the workplace including the death of two employees and 13% of employees testing positive for COVID-19 in ...
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 ...
