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ARTICLE · 29 JUNE 2022

Arbitrator Finds Two-Dose Vaccination Policy No Longer Reasonable

Hicks Morley Hamilton Stewart Storie LLP
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The Arbitrator provided the employer with a window to address and update the Policy given her decision.

CanadaEmployment and HR
Hicks Morley Hamilton Stewart Storie LLP
Hicks Morley Hamilton Stewart Storie LLP
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On June 17, 2022, Arbitrator Nairn held in FCA Canada Inc. v Unifor, Locals 195, 444, 1285 that a two-dose mandatory vaccination policy (Policy) implemented by an employer was no longer reasonable going forward due to the evolving scientific evidence regarding the COVID-19 virus. In so finding, she cited a number of pre-print scientific studies (i.e. those not yet subjected to peer review) with respect to the efficacy of vaccinations and the failure to establish a notable difference in degree of risk transmission between the vaccinated and unvaccinated. She also noted that the Policy did not incorporate a periodic review, a mechanism she stated would be prudent in a vaccine policy.

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