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ARTICLE · 16 NOVEMBER 2021

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Employer Vaccine Policy Upheld In Arbitration

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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An arbitrator rejected a recent grievance filed against Paragon Protection over its COVID-19 vaccine policy.

CanadaCoronavirus (COVID-19)

An arbitrator rejected a recent grievance filed against Paragon Protection over its COVID-19 vaccine policy. 

On Nov. 9, 2021, Arbitrator Frederick R. von Von Veh ruled against the United Food and Commercial Workers Union, Local 333. He found that Paragon's COVID-19 vaccine policy was reasonable, enforceable and complied with Ontario's Human Rights Code (the Code) and the Occupational Health and Safety Act (OHSA). 

Background

Paragon employs approximately 4,400 security guards in Ontario. Those security guards provide services to Paragon's clients at some 450 sites. Of those clients, 226 had policies requiring Paragon's employees to receive the COVID-19 vaccine.

On Sept. 3, 2021, Paragon implemented its COVID-19 Vaccination Policy, along with its COVID-19 Vaccination Exemption Policy. The Vaccination Policy and the Exemption Policy mandated that:

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