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ARTICLE · 18 JANUARY 2022

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Another Vaccination Policy Is Upheld In Arbitration

Miller Thomson
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Bunge Hamilton Canada ("Bunge") operates a processing facility in Hamilton. Its facility had two sites separated by a roadway; one was owned by Bunge and the other was leased...

CanadaEmployment and HR
Justin Diggle
Justin Diggle
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Bunge Hamilton Canada ("Bunge") operates a processing facility in Hamilton. Its facility had two sites separated by a roadway; one was owned by Bunge and the other was leased from the Hamilton Oshawa Port Authority ("HOPA"). Under federal Transport Canada directions, HOPA issued a vaccination policy for all tenants operating on HOPA property: employees of such tenants were required to attest that they were fully vaccinated against COVID-19 on or before January 24, 2022 unless they were exempt for medical reasons. If employees did not comply, they would not be allowed on HOPA property.

Under its lease, Bunge was required to follow all HOPA policies and procedures and, as a result, in November 2021 implemented a vaccination policy to comply with HOPA's requirements. The policy applied to all Bunge employees. If employees did not provide the required attestation and were not subject to an accommodation based on medical reasons or creed, they would be placed on

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