Court Denies Injunction Motions and Allows Mandatory Vaccination Policies to be Implemented

The Ontario Superior Court has refused to stay the implementation of two mandatory workplace COVID-19 vaccination policies, pending the outcome of grievance arbitrations challenging the validity of those policies. On November 20, 2021, the Court rendered its decision in Amalgamated Transit Union, Local 113 et al v. Toronto Transit Commission and National Organized Workers Union…

Ministry Issues Updated Directive for Vaccination Requirements in Long-Term Care Homes

On November 4, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive is effective as of November 4, 2021 and replaces the previous version dated October 1, 2021, which we covered in our HR HealthCheck of October 13, 2021. Under the Directive, every licensee of…

Arbitrator Finds Mandatory Vaccination Policy to be Unreasonable

In this FTR Now, we review the arbitration award issued on November 11, 2021 by Arbitrator John Stout in Electrical Safety Authority and Power Workers’ Union, in which he assessed the reasonableness of an employer’s mandatory vaccination policy. In the specific context of the workplace, and its associated workplace dangers and hazards arising from COVID-19…

Arbitrator Upholds Mandatory Vaccination Policy

On November 9, 2021, Arbitrator Von Veh upheld the mandatory vaccination policy (Policy) implemented by a security company, finding the company acted reasonably in implementing the Policy and that it did not breach the collective agreement. The award provides some helpful guidance for employers that have implemented similar policies.  In United Food And Commercial Workers…

Ontario Court Denies Injunctive Relief Pending Action Challenging Employer’s Vaccination Policy

On October 29, 2021, Justice Dunphy of the Ontario Superior Court of Justice declined to extend emergency injunctive relief to a group of University Health Network (UHN) employees, seeking reprieve from UHN’s Mandatory COVID-19 Vaccination Policy (Policy) which required employees to either become fully vaccinated against COVID-19 by October 22, 2021, or be terminated from…

Updated Guidance on ROE Codes to be Used for Non-Compliance with Workplace Vaccination Policies

On October 15, 2021, Employment and Social Development Canada (ESDC) updated its website page EI information for employers – COVID-19 with respect to Block 16 – Reasons for issuing this ROE (record of employment). Block 16 is used to indicate the reason for the employee’s leave or separation from employment, or why the ROE is…

Ontario Introduces Enhanced COVID-19 Vaccine Certificate and Verify Ontario App

On October 15, 2021, the Ontario government announced that the enhanced COVID-19 vaccine certificate with the official QR (Quick Response) code, as well as the verification app, Verify Ontario, are available for download. These tools are intended to make the process of providing proof of vaccination in order to access certain public settings more secure…

Ministry Issues Directive for Vaccination Requirements in Long-Term Care Homes

On October 1, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive sets out COVID-19 vaccination requirements for staff, support workers, student placements and volunteers (Covered Individuals) working in long-term care homes and applies regardless of the frequency or duration of their attendance at the…

Federal Government Announces COVID-19 Vaccination Requirements for Travellers and Federal Sector Employees

On October 6, 2021, the federal government announced that as of October 30, 2021, all travellers departing from Canadian airports, travelling on VIA Rail and Rocky Mountaineer trains or travelling on non-essential marine passenger vessels must be fully vaccinated. The government also announced that, effective October 30, the federally regulated transportation sector will be required…

Ontario Announces Mandatory Vaccination Requirements for Long-Term Care Homes

On October 1, 2021, the Ontario government announced that COVID-19 vaccinations will become mandatory for all in-home staff, support workers, students, and volunteers in long-term care homes, unless a valid medical exemption is presented. These individuals will have until November 15, 2021 to show proof that they have received all required doses of a COVID-19…