Is Your COVID-19 Vaccination Policy Still Relevant And Enforceable?

Although many organizations drafted and implemented COVID-19 vaccination policies less than a year ago, change is swift in the pandemic world and year-old policies may be past their "best before" date, given recent arbitral case law. Employers should therefore take a hard look at their policies to ensure they are still relevant, enforceable, and accurately reflect the organization's current goals and practices. This will be particularly important if the application of the policy becomes an issue before a Court or arbitrator.

If that occurs, the "reasonableness" of the policy will be closely scrutinized, as failure to comply with a reasonable policy may constitute cause for termination. To be considered reasonable, policies must also be clearly communicated to employees and consistently enforced.