Challenging Mandatory Vaccination Policies In Ontario: Arbitrators Take A First Look And Reach Differing Conclusions

There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law considering the issue, these decisions may have further-reaching impacts on all employers in Ontario.

Mandatory vaccination policies were upheld in Arbitrator Fred von Veh's November 9, 2021, decision titled United Food and Commercial Workers Union, Canada Local 333 v Paragon Protection Ltd.  and Arbitrator John Murray's November 12, 2021, decision titled Ontario Power Generation v The Power Workers Union.  Conversely, Arbitrator John Stout found in his November 11, 2021, decision Electrical Safety Authority v Power Workers Union  that the employer's mandatory vaccination policy was unreasonable and unenforceable.