Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 JUNE 2021

Arbitrator Upholds Rapid COVID-19 Testing Program On Construction Sites

MLT Aikins LLP
MLT Aikins LLP
Contributor
MLT Aikins LLP

MLT Aikins LLP

FIRM OVERVIEW MLT Aikins is a full-service business law firm of more than 375 lawyers with a deep...

View firm profile
Explore more from MLT Aikins LLP

On June 10, 2021, an Ontario labour arbitrator dismissed a challenge to an on-site COVID-19 rapid testing policy implemented by EllisDon Construction Ltd. (EllisDon).

CanadaCoronavirus (COVID-19)
John Agioritis
John Agioritis
Teague Pushor
Teague Pushor
Author LinkedIn connections

On June 10, 2021, an Ontario labour arbitrator dismissed a challenge to an on-site COVID-19 rapid testing policy implemented by EllisDon Construction Ltd. (EllisDon).

Local 183 of the Labourer's International Union of North America filed a grievance on May 11, 2021, claiming that EllisDon and its subcontractor violated the collective agreement by implementing rapid COVID-19 antigen testing. The union took the position that the testing policy was an unreasonable exercise of management rights and an unreasonable company policy or rule.

The Employer's Rapid COVID-19 Testing Program

The employer implemented the testing program as part of a pilot program led by the Ontario Ministry of Health. The test used was the "Abbott Panbio COVID-19 Antigen Screening Test," which was Health Canada approved.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Canada's proposed Digital Safety Act introduces sweeping new obligations for social media platforms, AI chatbots, and interactive online services, requiring operators to protect children, mitigate harmful content, and implement age-verification measures. Organizations face substantial penalties of up to 5% of global revenue for non-compliance, backed by a new federal regulator with broad enforcement powers. What steps should your organization take now to prepare for this emerging regulatory framework?
CanadaPrivacy
MLT Aikins LLP
MLT Aikins LLP
Article

Amendments Streamline Project List Under Impact Assessment Act

The Government of Canada has amended regulations under the Impact Assessment Act to streamline environmental reviews for major infrastructure projects, particularly interprovincial pipelines. These changes shift regulatory responsibility for certain energy projects to the Canada Energy Regulator while removing other project types from federal review following the Supreme Court's 2024 constitutional ruling.
CanadaEnvironment
MLT Aikins LLP
MLT Aikins LLP
Article

President Trump Announces U.S. Counter-tariffs On Canada: Are They Lawful?

President Trump has invoked Section 338 of the Tariff Act of 1930 to impose new counter-tariffs on Canadian goods including dairy, alcohol, motorcycles, and metal products. The legality of this rarely-used statutory provision remains untested in court, raising questions about presidential tariff authority under the U.S. Constitution. Legal scholars debate whether Section 338 has been superseded by later trade legislation, while the administration argues Canada's retaliatory measures constitute discriminator
GlobalInternational Law
MLT Aikins LLP
MLT Aikins LLP
Article

Permit Me To Explain: Bill C-39’s Plan To Build Canada Faster

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing to compress federal project approval timelines from five years to one year through consolidated permitting and streamlined processes. The legislation also modernizes transportation infrastructure through National Trade Corridors and reforms labour relations by strengthening collective bargaining while clarifying ministerial powers to intervene in work stoppages.
CanadaGovernment, Public Sector
MLT Aikins LLP
MLT Aikins LLP