News & Events
The Federal Public Sector Labour Relations and Employment Board Decides to “Punish” the Correctional Service of Canada by Awarding $310,000 for Psychological Harm and Punitive Damages
December 1, 2022
Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95 On November 21, 2022, the Federal Public Sector Labour Relations and Employment Board (the “Board”) released its decision in Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95. This decision follows the Board’s previous ruling in Lyons v Deputy Head (Correctional Service
Practice Area
Labour Law
The Keeping Students in Class Act
November 2, 2022
On October 31, 2022 the Ontario government introduced Bill 28 (“Bill 28”), the Keeping Students in Class Act. The Bill involves a broad and aggressive legislative attack on the constitutional rights of workers to engage in collective bargaining. Bill 28 arrived in the midst of ongoing bargaining between the government and education workers represented by
Practice Area
Labour Law
Arbitrators Split in Two Recent Decisions on Whether Two-Dose COVID-19 Vaccine Mandates Continue to be Reasonable as Pandemic Evolves
July 6, 2022
As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance
Practice Area
Labour Law
Arbitrator strikes down “automatic termination” penalty for non-compliance with mandatory vaccination policy
February 10, 2022
In a decision issued on February 7, 2022, Arbitrator Gail Misra struck down an employer’s policy for mandatory vaccination against COVID-19 to the extent that the policy contemplated termination as an “automatic” penalty for non-compliance. The decision deals with a policy grievance by Healthcare, Office and Professional Employees Union, Local 2220 (“the Union”) against Chartwell
Practice Area
Labour Law
Arbitrator upholds mandatory vaccination requirement for indoor workers
February 9, 2022
In a recent decision, Arbitrator Michael Mitchell upheld a policy on mandatory vaccination (which required two doses in addition to any recommended boosters) against COVID-19 as it applied to employees who work in an indoor setting at least some of the time.[1] The Power Workers’ Union (“the Union”) filed a policy grievance against the vaccination
Practice Area
Labour Law
British Columbia Arbitrator denies application for a temporary stay of the City of Richmond mandatory vaccination policy
January 21, 2022
On January 12, 2022, Arbitrator Randall J. Noonan released a decision in which he denied an application by the International Association of Professional Firefighters, Local 1286 (“IAFF”) and the Canadian Union of Public Employees, Locals 718 and 394 (“CUPE”) (together, the “Unions”) to stay the application of a mandatory vaccination policy (the “Policy”) by the
Practice Area
Labour Law
Arbitrator Jesin upholds MLSE mandatory vaccination and status disclosure policy
January 14, 2022
In a decision released on January 12th, 2022, Arbitrator Jesin held that a workplace mandatory Covid-19 vaccination policy and associated vaccination status disclosure requirement issued by Maple Leaf Sports and Entertainment (“MLSE” or the “Employer”) for employees working at its Toronto sports and events venue Scotia Bank Arena was a reasonable exercise of the Employer’s
Practice Area
Labour Law
Labour Board dismisses complaints against unions regarding responses to COVID-19 vaccine policies
January 12, 2022
In a pair of decisions released back-to-back, the Ontario Labour Relations Board dismissed separate applications alleging that trade unions violated their Duty of Fair Representation in relation to their handling of complaints concerning employer COVID-19 vaccine policies. On January 10 and 11 2022, the Board released its decisions in Bloomfield v SEIU, Local 1 and
Practice Area
Labour Law
Arbitrator upholds mandatory vaccination policy
January 6, 2022
In a decision released on January 4, 2022, Arbitrator Herman denied a grievance from the United Food and Commercial Workers Canada, Local 175 (“UFCW”) concerning a workplace policy on mandatory vaccination against COVID-19 issued by Bunge Hamilton Canada (“Bunge”). UFCW grieved that the policy—which placed non-compliant employees on unpaid leave—was an unreasonable exercise of managerial
Practice Area
Labour Law
Quebec Arbitrator Upholds Vaccine Requirement Imposed by Customers
November 23, 2021
In a decision released on November 15, 2021, Arbitrator Denis Nadeau found that a vaccination requirement promulgated by customers of several housekeeping contractors infringed the right to respect for private life provided for in Article 5 of the Quebec Charter of human rights and freedoms (the “Quebec Charter“)[1]. However, in light of Article 9.1 of the Charter, Arbitrator Nadeau held that
Practice Area
Labour Law