On June 17, 2022, Arbitrator Nairn held in FCA Canada Inc. v Unifor, Locals 195, 444, 1285 that a two-dose mandatory vaccination policy (Policy) implemented by an employer was no longer reasonable going forward due to the evolving scientific evidence regarding the COVID-19 virus. In so finding, she cited a number of pre-print scientific studies…
Practice Area: Labour Relations
Arbitrator Finds Grievor was Prima Facie Discriminated Against when Employer Denied her Requested Exemption to the COVID-19 Vaccine
In Public Health Sudbury & Districts v. Ontario Nurses’ Association, Arbitrator Robert Herman accepted that an employee may be entitled to an exemption from an employer’s mandatory COVID-19 vaccination policy on the basis of creed where they held a sincere belief that the relationship between the COVID-19 vaccines and fetal cell lines was contrary to…
Recent Cases of Note
Welcome to our latest edition of the School Board Update. In this Update we discuss three significant decisions. The first decision is from the Ontario Labour Relations Board. It clarifies that, with the revocation of O. Reg. 274/12 Hiring Practices, school boards are obliged to comply with Policy/Program Memorandum No. 165, School Board Teacher Hiring…
Federal Budget Bill Proposes Amendments to 10 Days’ Paid Medical Leave of Absence under Canada Labour Code
On April 28, 2022, the federal government tabled Bill C-19, Budget Implementation Act, 2022, No. 1, giving effect to the initiatives found in its April 7, 2022 budget, A Plan to Grow Our Economy and Make Life More Affordable. This Federal Post focuses on the Bill C-19 amendments to the new paid medical leave of…
Ontario Introduces Firefighter Certification Standards
On April 14, 2022, the Ontario government filed O. Reg. 343/22: Firefighter Certification, under the Fire Protection and Prevention Act, 1997. The regulation comes into force on July 1, 2022. The regulation sets out the mandatory minimum certification standards and corresponding job performance requirements of firefighters delivering specific fire protection services, together with a compliance…
Federal Budget 2022 Tabled
On April 7, 2022, the federal government tabled its 2022 Budget, “A Plan to Grow Our Economy and Make Life More Affordable.” The Budget covers a wide array of initiatives, and while housing, defence and climate change are its key focus areas, the Budget includes some proposals that will be of specific interest to employers,…
Ontario to Introduce Legislation Requiring Employers to Disclose Information Regarding Electronic Monitoring of Employees
On February 24, 2022, the Ontario government announced its plan to introduce legislation later this month that would require employers to inform their workers if and how they are being monitored electronically. If passed, Ontario will be the first province to require electronic monitoring policies. As the government states, the intention of this legislation is…
Ministry Updates ESA Guide on Disconnecting from Work Policies and Non-Compete Agreements
On February 18, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act (Guide) to include chapters on written policy on disconnecting from work and non-compete agreements. The chapters provide guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…
Ontario Seeking Input on Proposed Firefighter Certification Standards
On January 28, 2022, the Ontario government released a draft regulation under the Fire Protection and Prevention Act, 1997. As the government states, the regulation would establish mandatory minimum certification standards for specific fire protection services. The regulation sets out the mandatory minimum standard and corresponding job performance requirements of firefighters delivering specific fire protection…
Details Regarding Ontario’s Move to Amended Step 3 of Roadmap to Reopen
Effective January 31, 2022, all public health units in Ontario will move to the Rules for Areas at Step 3 (Step 3 Rules) of the province’s Roadmap to Reopen plan. The Step 3 Rules are set out in O. Reg. 364/20, made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, as amended…