On November 9, 2021, an Ontario Arbitrator released what appears
to be the first decision dealing with the legality of a mandatory
vaccination policy.
The case involved a private sector employer, a security company
which provides contract security guards for clients. The employer
implemented a mandatory vaccination policy in response to the
mandatory vaccination policies of clients who would not allow
unvaccinated staff on their worksites, and to maintain a safe and
healthy work environment for its employees, their clients, and the
public. The policy provided for exemptions and accommodations for
religious and medical reasons. Potential accommodations included
being placed at a different worksite, participating in COVID-19
testing, or taking an unpaid leave of absence. The union, the UFCW,
filed a grievance alleging that the policy violated the management
rights and health and safety articles of the collective agreement
and was contrary to the Ontario human rights
