Category: Labour Relations

BCCA Upholds Mandatory COVID-19 Vaccination Policy Where Employer Relied on Provincial Health Officer’s Opinion

· 9 min read

A recent ruling offers new guidance to the reasonableness of mandatory workplace policies. In this article, Andrew Schjerning breaks down a recent British Columbia Court of Appeal decision confirming that employers may reasonably rely on public health authority guidance when implementing mandatory COVID‑19 vaccination policies.

Arbitrator Reinstates Steelworker in Safety Sensitive Role Following Termination for Cannabis Use During Lunch Break

· 2 min read

When does lunch break cannabis use justify termination—especially in a safety sensitive role? In this article, Matthew Wronko provides an analysis of a recent arbitration award and what this means for employers drafting drug and alcohol and fitness for duty policies

Divisional Court Reinforces Tradition of Judicial Deference to Ontario’s Labour Relations Board

· 5 min read

Judicial deference to the OLRB remains firmly intact, especially in construction labour relations. In this article, Thomas Trudell reviews a recent Divisional Court decision affirming the OLRB’s authority in construction work assignment disputes and its long‑standing approach to jurisdictional issues.

Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions

· 4 min read

In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…

From Tweets to Termination: A University Professor’s Controversial Online Conduct

· 4 min read

In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict. In Board of Governors…

Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy

· 5 min read

In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…

Landmark Arbitration Decision Upholds Indefinite Suspension of CFL Player for Sports Gambling

· 5 min read

On August 27, 2024, Arbitrator Allen Ponak upheld an indefinite suspension imposed on Shawn Lemon, a veteran defensive end in the Canadian Football League (CFL), for wagering on CFL games in 2021, including a game in which he played. This decision highlights the complexities of player conduct in professional sports and raises important questions about…