Recent Case Highlights The Need To Update Your COVID Vaccination Policy

In FCA Canada Inc. v Unifor, Locals 195, 444, 1285,¹ the union challenged the reasonableness of the employer's COVID-19 vaccination mandate (the "Policy"). The main issue before the arbitrator was whether the Policy was reasonable in light of the changing nature of the pandemic. Ultimately, Arbitrator Nairn found the Policy unreasonable in light of COVID-19's changing nature.

The Policy stipulated that all employees, contractors, suppliers, and visitors had to be fully vaccinated in order to attend the employer's work sites. These work sites included manufacturing/assembly operations, parts distribution warehouses, business centers, training centers, and offices. To be considered fully vaccinated under the Policy an individual must have received two-doses of the COVID-19 vaccine.