Termination Appropriate For Employee Who Ignored Self-Isolation Rule

In the recent decision of LIUNA, Ontario Provincial District Council and Aecon Industrial (Wynne), Re, 2020 CarswellOnt 17235, an Ontario arbitrator upheld the termination of a grievor who attended the employer's workplace after being instructed to stay home as a result of experiencing COVID-19 symptoms.

On April 9, 2020, the grievor informed his employer that he was experiencing COVID-19 symptoms. At that time, and on two other occasions, the employer instructed the grievor not to report to work until he was cleared by the employer's nurse.

The grievor attended work for his next scheduled shift on April 14, 2020, despite not hearing back from the employer's nurse. As part of the employer's response to COVID-19, the organization implemented a COVID-19 screening questionnaire and employees were required to fill it out prior to entering the workplace each day. When he arrived at the office, the grievor denied having any COVID-19 symptoms on the questionnaire.