Another Arbitrator Dismisses Grievance Disputing Mandatory Vaccination Policy

On April 27, 2022, in Canada Post Corporation v. Canadian Union of Postal Workers (Canada Post), Arbitrator Thomas Joliffe, Q.C. dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination practice (Policy) was a reasonable exercise of management rights and responsibilities under the collective agreement (CA), and was a valid application of an employer's obligations under the Canada Labour Code (CLC).

Background

The Policy required employees to attest to their vaccination status as fully vaccinated; partially vaccinated and intending to become fully vaccinated; unwilling to be vaccinated; or unable to be vaccinated because they come within a protected ground under the Canadian Human Rights Act, e.g., a medical exemption requiring accommodation. Employees who failed to complete the attestation by November 26, 2021, would be placed on unpaid leave. If on unpaid leave for more than 30 days, employees would