Arbitrator Finds Employee's False Attestation On COVID Screening As Just Cause For Termination

A recent decision from Arbitrator Eli Gedalof, Johnson Controls Canada v Teamsters Local, Union 419 (Williams Grievance), offers more insight into the importance of COVID-19 policies and what can happen when employees do not follow the employer's guidelines.

Background:

The grievor was terminated after an investigation found that he intentionally lied on his COVID screening form multiple times between March 20 and 25, 2020. The grievor attested on the form that that he was not exhibiting any COVID-19 symptoms, when he had in fact been exhibiting such symptoms and tested positive for COVID shortly after. The Employer, who provides maintenance services to Humber River Hospital, had adopted the hospital's COVID-19 infection control policy. That policy had been communicated to employees on multiple occasions. The grievor was terminated for violating the policy and placing his co-workers, hospital staff and patients at serious risk.