A recent arbitration decision
in Unifor Local 333 v Moore Packaging
Corporation1 presents unique factual circumstances
related to mask wearing during the COVID-19 pandemic and serves as
an important reminder for employers of their accommodation
obligations. The decision arose out of two grievances brought by
Unifor Local 333 due to the employer's failure to accommodate
the grievor's medical disability in a timely way and for
ultimately terminating her employment on the basis of frustration
of contract.
Background
The grievor was employed as a machine operator at a
manufacturing facility in Barrie, when on September 7, 2020 the
employer instituted a mandatory masking policy (the
“Policy”). The grievor promptly advised the employer
she could not wear a mask because of chronic Post-Traumatic Stress
Disorder (“PTSD”) that made it impossible for her to
wear any kind of face-covering for more than a brief period of
time. Unfortunately, the PTSD stemmed from the grievor
