In a “bottom line” decision in Extendicare Lynde Creek Retirement Home and United Food & Commercial Workers Canada, Local 175, Arbitrator Raymond upheld the mandatory COVID-19 Immunization Policy (Policy) of a retirement home, finding that the Policy is a reasonable workplace rule and consistent with the collective agreement, the Occupational Health and Safety Act, the…
Topic: Return to Work
Further Easing of Ontario Public Health Restrictions Coming March 21, 2022
On March 11, 2022, the Ontario government filed O. Reg. 213/22 which amends O. Reg. 364/20: Rules for Areas at Step 3 and at the Roadmap Exit Step made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 213/22 gives effect to the further reduction of public health restrictions in force…
Ontario to Ease Capacity Limits and Lift Proof of Vaccination Requirements
With the key public health indicators improving and the Omicron variant beginning to retreat, the Ontario government has announced that public health measures imposed to contain the spread of COVID-19 will be eased, effective February 17 and March 1, 2022. The province has announced that it intends to lift proof of vaccination requirements and all…
Arbitrator Finds Mandatory Vaccination Policy Implemented by Energy Sector Employer to be Reasonable
In Power Workers’ Union v Elexicon Energy Inc., Arbitrator Michael Mitchell recently held that a mandatory vaccination policy implemented by Elexicon Energy Inc. (Employer) was reasonable for all employees, except for those who had been working exclusively from home and had no expectation or requirement of returning to the workplace in the near future, and…
Ontario to Ease Public Health Measures on January 31, 2022
On January 20, 2022, the Ontario government announced a gradual easing of public health measures, beginning on January 31, 2022. Effective on that date, the new measures will include: social gathering limits increased to 10 people indoors and 25 people outdoors. capacity limits increased to (or maintained at) 50% in indoor public settings, including restaurants,…
Ontario Moves to Modified Step 2 due to Surge in COVID-19 Cases
On January 3, 2022, the Ontario government announced that in light of the surge in COVID-19 cases, the province will be moving to modified Rules for Areas in Stage 2 of its Roadmap to Reopen plan. These changes will come into effect on January 5, 2022 at 12:01 a.m. and will remain in effect until…
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 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…