25 Key Developments in Canadian Labour & Employment Law | Canada Immigration

25 Key Developments in Canadian Labour & Employment Law | Canada Immigration

As long as employers met with their commitment to providing reasonable accommodations for workers under applicable human rights laws, the "weight of authority" supported the implementation of vaccination programs in the workplace to stop the spread of COVID-19.
The arbitrators concluded that the minimal interference with employee privacy rights was outweighed by management's right to implement reasonable rules and regulations under the collective agreement and the employer's obligation to take necessary steps to protect the health and safety of workers under occupational health and safety legislation. Arbitrators remarked that because a pandemic's reasonableness of a vaccination program is contextual and highly dynamic, context is a crucial issue to take into consideration.
The belief was also relatively consistent that a required vaccination policy that included the potential of punishment or termination upon an employee's failure to comply with a mandatory vaccination policy was acceptable given that the alternative was offered in a way that was compliant with the rules of the collective agreement. Employees were informed that termination of employment was a possibility, and the employer enquired about individual circumstances and, when practicable.
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