Increasing numbers of employers in Canada are
introducing, or considering the introduction of mandatory
vaccination policies for employees and some have already faced
legal challenges.
As COVID-19 vaccines are now widely available, many businesses
are in the process of implementing or updating COVID-19 mandatory
vaccination policies aimed at keeping their employees and customers
safe, while at the same time operating in as efficient a manner as
possible.
Some employees and unions have sought to challenge mandatory
vaccination policies (and even other, more flexible, vaccination
policies) and thus far, there have been at least three arbitration
decisions addressing the validity of such policies. These recent
decisions provide further guidance as to the best practices and
considerations employers should consider when reviewing or drafting
a mandatory vaccination policy for their workplace.