Ontario Arbitrator Upholds Rapid Testing Protocol

In a recent recent decision, an Ontario Arbitrator upheld an employer's compulsory rapid testing protocol. The Union's grievance, which alleged that the testing protocol was unreasonable, was dismissed. Filion Wakely Thorup Angeletti LLP's very own Carl Peterson, Diane Laranja, and Danny Parker were involved in achieving this successful outcome.

Background Facts

In late February of 2021, EllisDon Construction Ltd. (the "Company") implemented a Rapid COVID-19 Antigen Screening Program (the "Policy") as part of a pilot program that was led by the Ontario Ministry of Health, with support from Public Health Ontario and Ontario Health. EllisDon used the "Abbott Panbio COVID-19 Antigen Screening Test" which is a form of rapid point-of-care test that has been approved by Health Canada.