A year after COVID-19 vaccines first arrived in Canada, employers and workers in the country's most populous province are getting a clearer picture of when and what kind of immunization mandates can be enforced in the workplace, legal experts said. But Ontarians shouldn't expect a black-and-white answer on whether such policies can always be imposed.
TORONTO -- A year after COVID-19 vaccines first arrived in Canada, employers and workers in the country's most populous province are getting a clearer picture of when and what kind of immunization mandates can be enforced in the workplace, legal experts said following recent rulings on the issue.
In one ruling delivered in November, an arbitrator upheld a policy implemented by a security company whose staff worked at roughly 450 sites throughout the province, most of which had their own vaccination requirements. Another decision issued that month concluded that a vaccine mandate imposed on employees at an electrical safety agency was unreasonable and unenforceable because, under the circumstances, a less intrusive alternative could be used.
"The one thing we have all learned about this pandemic is that the situation is fluid and continuing to evolve," he said. Some employees or unions have turned to Ontario courts seeking injunctions that would prevent vaccine mandates from being implemented until grievances are resolved through arbitration, but on several occasions, the courts have refused to intervene, saying such cases should be handled by the labour system.
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