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Key Trends In Arbitration Awards Pertaining To Mandatory COVID-19 Vaccination Policies

Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this Insight, we provide an overview of key trends in these awards.

Mandatory Vaccination Policies Are Reasonable and Enforceable and  a Reasonable Exercise of Management's Right to Issue Workplace Policies: The "weight of authority" supports the imposition of vaccine policies in the workplace to reduce the spread of COVID-19, provided that employers comply with their obligation to accommodate employees under human rights legislation. The authority to impose such policies arises from management's right to implement reasonable rules and regulations under the collective agreement, and from the employer's duty to take necessary measures to protect the health and safety of workers under occupational health and safety legislation, which outweighs the minimal intrusion on the ...

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