Mandatory Vaccination In The Workplace

There have been two recent Ontario arbitral decisions dealing with mandatory vaccination in the workplace. In UFCW, Canada, Local 333 v. Paragon Protection Ltd., the Arbitrator upheld the employer's vaccination policy as a valid defence to the claim brought by the employer. Conversely, in Electrical Safety Authority v. Power Workers Union, the employer's vaccination policy was deemed unreasonable to the extent that employees could be disciplined or discharged for failing to get fully vaccinated. The decisions highlight two legal propositions that offer a degree of protection to an individual - protection of one's health and protection of one's autonomy:

• Under occupational health and safety legislation, employers have a legal duty to take all reasonable measures to protect the health and safety of their employees