In a recent unreported labour arbitration
award, Caressant Care Nursing & Retirement Homes and
Christian Labour Association of Canada, Arbitrator Dana
Randall confirmed that the employer's mandatory COVID-19
testing policy was a reasonable exercise of management rights.
Background Facts
The employer, a retirement home located in Woodstock, Ontario,
provides rental accommodation with care and services to residents
who can live independently with minimal to moderate support. Out of
the 100 residents served by the home, the unionized employees care
for 85 residents and 15 transitional residents. As a retirement
home, the home is provincially regulated by the Retirement Homes
Regulatory Authority under the Retirement Homes Act,
20101. Additionally, employees provide laundry
services to residents of an adjacent nursing home. The employer
must therefore also follow directives issued under
the Health Protection and Promotion Act2,
including Directive #3 for Long-Term
