Ontario Arbitrator Finds University's COVID-19 Vaccination Policy Reasonable

In a recent Ontario decision, Arbitrator Wright held that the COVID-19 Vaccination Policy was a reasonable exercise of management rights.

In accordance with the Chief Medical Officer of Health's instructions, the University implemented a University-wide COVID-19 Vaccination Policy (the Policy) on September 22, 2021. Employees who were non-compliant with the Policy by failing to provide proof of full vaccination, without an approved exemption, and who were therefore unable to perform the required duties and responsibilities of their position without attending on University property, were placed on unpaid leave. The Policy provides that it is subject to change and review in the face of the evolving pandemic.