Vaccination Double-Shot: Enforcing Mandatory Policies

In two recent awards, Ontario arbitrators held it was reasonable for employers to insist on employees getting at least two doses of a COVID-19 vaccine, even in the context of the Omicron variant. These awards provide new guidance to employers who are contemplating disciplinary measures in relation to employees who refuse to get vaccinated. This article reviews the two decisions and shares insights on what they mean for employers.

Policies and Messaging Should Be Clear and Unequivocal

Under the mandatory vaccine policy of the Coca-Cola Canada Bottling Limited ("the company"), all employees were required to get two doses of an approved COVID-19 vaccine and show proof of vaccination within specified timeframes, unless granted an accommodation by the company. The policy stated that violations "may lead to discipline, such as suspension without pay, up to and including termination for cause", subject to human rights legislation and collective agreements.