Employee COVID-19 Testing Policy Upheld

In a recent arbitral decision by Arbitrator Dana Randall, the Christian Labour Association of Canada (the "CLAC") challenged a COVID-19 employee testing policy of the employer, Caressant Care Nursing & Retirement Homes (the "Employer").

The policy read in part:

1. All staff are to participate in ongoing COVID-19 surveillance testing conducted by nasal swab.
2. Testing will be done every two weeks and include all individuals working in the retirement home (e.g., front-line workers, management, food service workers, contracted service providers, basic aids and guest attendants).
3. Medical accommodations will be addressed on a case by case basis.
4. A refusal to participate in the testing would result in the employee being held out of service, until such testing was undertaken.