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ARTICLE · 11 JANUARY 2021

Ontario, Canada: Arbitrator Upholds Mandatory Employee COVID Testing

Littler - Canada
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In Christian Labour Association of Canada v. Caressant Care Nursing & Retirement Homes (D. Randall), a union filed a group grievance on behalf of a number of its members working at an Ontario

CanadaEmployment and HR
Rhonda B. Levy
Rhonda B. Levy
George Vassos
George Vassos

In Christian Labour Association of Canada v. Caressant Care Nursing & Retirement Homes (D. Randall), a union filed a group grievance on behalf of a number of its members working at an Ontario retirement home to challenge the reasonableness of a policy imposing bi-weekly COVID testing on all staff.  In a December 9, 2020 decision, the arbitrator dismissed the grievance on the basis that the policy is reasonable when the privacy intrusion is weighed against the objective of preventing the spread of COVID in the retirement home.

Background

Residents of the retirement home live independently with minimal to moderate support.  There were no positive cases of COVID identified among staff, management or residents.  The retirement home advised staff that bi-weekly COVID testing and proof of testing would be mandatory.  The testing policy provided, in part:

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