As employers continue to grapple with managing the risk of
COVID-19 in the workplace, it is unsurprising that we are beginning
to see arbitrators weigh in on when a failure to follow infection
prevention protocols may give rise to discipline or termination
from employment.
Last month, we
blogged on Arbitrator Keller's decision
in
Garda Security Screening Inc. v IAM, District
140. In that case, the termination of an employee
who failed to self-isolate while waiting for the results of a
COVID-19 test was upheld. Arbitrator Keller concluded that
the grievor's actions were in clear violation of the
employer's health and safety policies and put countless others
at risk of illness or death.
