Case Law Update: Are Mandatory Vaccination Policies Allowed In The Workplace?

Various questions arise from the competing interests of employees and employers when dealing with mandatory vaccination policies. While there were labour arbitration decisions relating to influenza and other vaccines, until very recently, there were no decisions on vaccine policies in the context of COVID-19 . Among the cases that are starting to emerge, two labour arbitration decisions released in the last few weeks offer guidance to employers wondering how decision-makers might decide the issue of "How does an employer balance an employee's privacy rights and the right to bodily integrity with the employer's legal obligations to protect its workers and the public in the context of a pandemic?"