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 ...
In a new decision this year (2022 BCHRT 22), the BC Human Rights Tribunal dismissed another complaint made by a person refusing to wear a mask. The customer attended at the business in October 2020 for an appointment and spoke with a screening employee at the front door. The screener asked the customer to wear ...
In his October 27, 2021 blog post Scott Marcinkow commented on Dr. Henry’s notice to all healthcare workers, even those working in private practice, that they will need to be vaccinated in future. You can read the post here. On February 9, 2022, Dr. Henry announced the highlights of this new order. In summary, all regulated ...
In the recent BC Human Rights Tribunal decision in Thejoisworo v. Northern Gold Foods Ltd., 2021 BCHRT 121, the Tribunal found that Northern Gold Foods Ltd. (“Northern”) did not discriminate against Thejoisworo (the “Employee”), when it eliminated her position while she was on maternity leave and offered her a different position when she returned. The ...
Employers often want to avoid paying bonuses or other incentive payments to employees after they are terminated. The best way to achieve this is to consider the problem in advance and create a proper written employment agreement and written bonus plan/incentive policy. In late 2020, the Supreme Court of Canada released an important decision in Matthews ...
This month, Ontario became the first Canadian jurisdiction to require many employers to create a policy relating to an employee’s right to disconnect after hours. This “right” is often understood as the right of an employee not to be expected to engage in business activity outside of working hours (e.g. answering work calls or emails). ...
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 ...
Further to our blog post of November 25, 2021 regarding upcoming amendments to the Employment Standards Act (“ESA”) to introduce paid sick leave in BC (you can read it here), as of January 1, 2022 employers in BC are required to provide 5 days of paid sick leave to their employees. Here are some ...
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.
