News & Events
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
Manitoba Court of Appeal finds that legislation temporarily preventing collective bargaining on wages is constitutional
November 22, 2021
In Manitoba Federation of Labour et al v. The Government of Manitoba, the Manitoba Court of Appeal held that the province’s public sector wage restraint legislation did not violate the Charter of Rights and Freedoms (the “Charter”). In deciding as such, the Court of Appeal overturned a ruling by the Court of Queen’s Bench. Under the leadership of
Practice Area
Labour Law
Arbitrator Strikes Down Mandatory Vaccination And Disclosure Policy
November 12, 2021
In a decision released on November 11, 2021, Arbitrator John Stout allowed a grievance filed by the Power Workers’ Union (the “PWU”) against the Electrical Safety Authority (the “ESA”) challenging a mandatory vaccination and disclosure policy. In September 2021, the ESA adopted a voluntary vaccination disclosure and testing policy (the “Voluntary Policy”) that allowed employees
Practice Area
Labour Law
Ontario Court lifts interim injunction against the termination of unvaccinated UHN employees
November 4, 2021
The University of Health Network’s (“UHN”) mandatory vaccination policy required all of its more than 17,000 employees to be fully vaccinated or face termination of their employment, commencing October 22, 2021. Justice Sean Dunphy of the Ontario Superior Court issued an interim injunction on October 22, 2021, in response to a motion brought by several
Practice Area
Labour Law
Big Changes Proposed for the Employment Standards Act, 2000
November 2, 2021
On October 25, 2021, the Government of Ontario introduced Bill 27, Working for Workers Act, 2021 (“Bill 27”) to amend, among other things, the Employment Standards Act, 2000 (the “ESA“). If passed, Bill 27 and the amendments it includes, would significantly alter the employer-employee relationship. The changes proposed by Bill 27 include: New Part VII.0.1 – Right to Disconnect
Practice Area
Labour Law
Expertise
Employment Law
Where to Go for Workplace Justice?
October 29, 2021
Is labour arbitration the only avenue for unionized employees to seek redress for human rights violations? This issue—arbitral jurisdiction vis-à-vis the jurisdiction of other courts and tribunals to hear disputes in unionized workplaces—has been the subject of considerable legal debate. In Linda Horrocks v Northern Regional Health Authority, the SCC recently held that, absent legislative intention
Practice Area
Labour Law
Ontario Court issues interim injunction against the termination of unvaccinated UHN employees*
October 29, 2021
*The injunction described below was lifted on Oct. 29, 2021. We will provide an update shortly. On October 22, 2021, the Ontario Superior Court issued an interim injunction, temporarily halting an attempt by the University of Health Network (“UHN”) to terminate its unvaccinated employees. The injunction was granted in response to an urgent motion brought
Practice Area
Labour Law
Arbitrator Upholds Mandatory COVID-19 Testing
August 6, 2021
A recent arbitral decision, EllisDon Construction Ltd. v Labourers’ International Union of North America, Local 183, may provide some needed insight into how arbitrators will consider workplace policies mandating COVID-19 testing and/or vaccinations for its employees. In a decision released June 10, 2021, Arbitrator Robert Kitchen dismissed a grievance filed by LIUNA Local 183 in which the
Practice Area
Labour Law
Arbitrator Determines Cell Tracking App Contrary to Employee Privacy Interests
July 28, 2021
In a decision released May 15, 2021, Arbitrator Derek Rogers upheld grievances concerning an employer’s implementation of a phone application entitled “Exak Time.” Grievances were filed by both IUOE Local 793 and LIUNA 183. Both unions challenged the employer’s implementation of the app, which required clocking in and clocking out via mobile phone. The ExakTime
Practice Area
Labour Law