Enforceability Of Vaccination Policies Boosted By Recent Arbitration Decision

Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third "booster" shot against COVID-19. In Power Workers' Union v Elexicon Energy Inc.^,1 an Ontario arbitrator found that the employer's compulsory vaccination policy was reasonable as it aligned with the employer's duty to protect the health and safety of its workforce, and, as an essential service provider, was reasonably required to ensure it had enough employees to provide such services. This decision is important for two reasons: (i) the rapid spread of the Omicron variant was a focal point of the decision, notwithstanding the policy was introduced (and grieved) nearly 2 months before it became the dominate strain in Ontario; and (ii) it is arbitral authority that supports mandatory "booster" shots where there is a significant operational risk to the availability of the workforce. The decision