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ARTICLE · 09 FEBRUARY 2022

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Arbitrator Strikes Down Employer's Automatic Termination Provision In A Mandatory Vaccination Policy

The relevant provisions in the collective agreement between the Employer and the Union were considered by Arbitrator Misra.

CanadaCoronavirus (COVID-19)

In a recently released arbitration award, Arbitrator Misra held that a mandatory vaccination policy, which included the right of the Employer to terminate employees who refused to comply, was unreasonable in the context of specific provisions in the collective agreement between Chartwell Housing Reit (the "Employer") and Healthcare, Office and Professional Employees Union, Local 2220 (the "Union").

The relevant provisions in the collective agreement between the Employer and the Union were considered by Arbitrator Misra.

The first collective agreement provision required that before the Employer could make any significant changes in workplace rules or policies that impacted bargaining unit employees, the Employer was required to discuss the changes with the Union and provide copies of any such changes and policies.

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