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ARTICLE · 22 DECEMBER 2020

Mandatory COVID-19 Testing Found Reasonable In Ontario Care Home

Borden Ladner Gervais LLP
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On Dec. 9, 2020, Arbitrator Dana Randall issued an award upholding an employer's right to make employees take a COVID-19 test.

CanadaEmployment and HR

Background

On Dec. 9, 2020, Arbitrator Dana Randall issued an award upholding an employer's right to make employees take a COVID-19 test.

CLAC Local 303 (the Union) filed a group grievance on behalf of its members at Caressant Care Nursing and Retirement Home in Woodstock Ont. (CCRH Woodstock), arguing against the reasonableness of CCRH Woodstock's mandatory biweekly COVID-19 surveillance testing of all staff.

CCRH Woodstock provides rental accommodations with care and services to residents who require minimal to moderate support. They currently serve 100 residents.

CCRH Woodstock took an Ontario government recommendation for individuals working in retirement homes and incorporated it into a mandatory policy. The policy included the following requirements:

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