Share on LinkedInShare on LinkedIn

ARTICLE · 22 JANUARY 2021

Arbitrator Upholds Employer's Mandatory COVID-19 Testing Policy

Filion Wakely Thorup Angeletti LLP
Explore more from Filion Wakely Thorup Angeletti LLP

In a recent decision, an Ontario Arbitrator upheld an employer's mandatory COVID-19 testing policy. The union filed a group grievance on behalf of its members working

CanadaEmployment and HR
Tawanda Masimbe
Tawanda Masimbe
Author LinkedIn connections

Bottom Line

In a recent decision, an Ontario Arbitrator upheld an employer's mandatory COVID-19 testing policy. The union filed a group grievance on behalf of its members working in a retirement home. The grievance challenged the reasonableness of the employer's unilateral decision to adopt an Ontario government recommendation for long-term care homes by converting the recommendation into a mandatory COVID-19 testing policy.

Background Facts

The employer operated a retirement home that provided rental accommodation with care services to residents who live independently with minimal to moderate support. Being a retirement home, the home is provincially regulated by the Retirement Homes Act, 2010. The retirement home was physically attached to a long-term care home that was managed by the same employer. Employees from the retirement home were responsible for doing laundry for residents of the long-term care home. As the facilities were connected, both homes were

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.
Article

Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
CanadaEmployment and HR
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP