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ARTICLE · 30 MARCH 2022

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

Littler - Canada
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In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the "weight of authority" in Ontario labour arbitration awards...

CanadaEmployment and HR
Rhonda B. Levy
Rhonda B. Levy
Barry Kuretzky
Barry Kuretzky

In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the "weight of authority" in Ontario labour arbitration awards pertaining to mandatory COVID-19 vaccination policies in unionized workplaces.  As has been the trend, the arbitrator decided that despite the impact of such a policy on employees' right to privacy and bodily integrity, the employer's policy is reasonable in the context of the extraordinary health challenge of the global COVID-19 pandemic, and the employer's obligation under s. 25(2)(h) of the Occupational Health and Safety Act  (OHSA) to "take every precaution reasonable in the circumstances for the protection of a worker."

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