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ARTICLE · 04 FEBRUARY 2021

Is Mandatory COVID-19 Testing For Employees Reasonable?

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An Ontario arbitrator recently dismissed a grievance challenging a policy which required all staff of a retirement home to undergo COVID-19 testing every two weeks.

CanadaCoronavirus (COVID-19)

Christian Labour Association of Canada v Caressant Care Nursing & Retirement Homes ("Caressant")

An Ontario arbitrator recently dismissed a grievance challenging a policy which required all staff of a retirement home to undergo COVID-19 testing every two weeks. The retirement home provides care and services to residents who can live independently with minimal to moderate support.

The COVID-19 Testing Policy

The key elements of the retirement home's COVID-19 testing policy were as follows:

  • All employees were required to be tested for COVID-19 every two weeks by nasal swab.
  • Staff that participated in the testing were paid for one hour of work and parking fees were waived at the hospital.

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