Employers are legally required to take measures to promote occupational health and safety in the workplace, which includes protecting employees from the transmission of diseases. In recognition of this, employers have taken steps to implement workplace vaccination policies. The Province of Ontario has provided directives for specific industries, such as long-term care, to have COVID-19 vaccination policies for staff.
There are now cases in the unionized context where the lawfulness of workplace COVID-19 vaccination or disclosure policies have been litigated. As such, there is jurisprudence that sheds light on how an arbitrator may assess mandatory COVID-19 vaccination policies. This jurisprudence suggests that a highly contextual analysis will be used to determine whether or not a policy will be considered reasonable or will be struck down.
This presentation will review the recent decisions on COVID-19 vaccination policies within the unionized workplace. It will discuss the various factors arbitrators will consider in deciding whether a policy is reasonable and the specific human rights and privacy issues that may arise.
LEARNING OBJECTIVES
- Understand how arbitrators have determined the reasonableness of COVID-19 vaccination policies.
- Understand the human rights and privacy issues that arise out of mandatory vaccination policies.
- Determine the specific challenges a workplace may counter that will impact how a COVID-19 vaccination policy may be implemented (i.e. different challenges depending on the industry).
AGENDA
8:00 AM to 10:00 AM Presentation
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