Resources: COVID-19

Arbitrators Consider Vaccination Policies

In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.

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ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022

On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”), which amended the British Columbia Employment Standards Act (the “ESA”).  Bill 13 added temporary paid COVID leave (ending December 31, 2021) and added paid leave for personal illness or injury commencing January 1, 2022 (“Paid Sick Leave”), with the amount of days to be determined.

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Opposing Government Rules Regarding Vaccination “Could Be” a Political Belief Under the Code

On September 10, 2021, the B.C. Human Rights Tribunal issued a screening decision dismissing a class complaint of discrimination in employment on the basis of political belief.

In Complainant obo Class of Persons v. John Horgan, 2021 BCHRT 120, the Tribunal exercised its discretion to dismiss the complaint at the initial screening stage, finding that the facts alleged did not amount to a contravention of the BC Human Rights Code (“Code”).

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BC’s New “Vaccine Card” – What Do Employers Need to Know?

Vaccine passports have been a hot topic in recent weeks as the federal and provincial governments announce new requirements to access certain services.

On September 7, 2021 the Province and the Public Health Officer provided new information for businesses on the roll out of BC’s version of a “vaccine passport”, the “BC Vaccine Card”.

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Vaccination Status and the “New Normal”

As governments and businesses seek to avoid closures that have so heavily impacted the economy and everyday life, many are looking to vaccine passports and/or considering mandatory vaccination in the workplace to facilitate a return to “normal” operations.

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The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies

As vaccination rates increase, and the province continues to progress through each phase of its reopening plan, one of the biggest questions facing employers is whether to implement a mandatory vaccination policy for employees and, in some cases, customers. This is a complex and highly context-specific question that engages human rights issues, privacy issues, and workplace safety considerations.

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COVID-19-Related Misconduct is Nothing to Sneeze At

In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct.  The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.

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COVID-19 Case Round-Up

As increasing vaccination rates signal the possible end of the pandemic, legal cases are beginning to work their way through Canadian courts and tribunals.  This article summarizes a few of the recent and important cases considering pandemic-related labour and employment issues.

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The Very Serious Employment Consequences of Breaching COVID-19 Safety Protocols

The problems and challenges which the COVID-19 pandemic has created for employers are significant. It is encouraging to see third-party decision-makers doing what is in the public interest and providing support to employers as they try to uphold COVID-19 safety protocols in their workplaces. At least two arbitration cases out of Ontario have upheld the discharge of employees who chose to disregard the COVID-19 rules and policies of their respective employers. [1]

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COVID-19 Vaccine Passport versus the Right to Privacy

As B.C. plans a hopeful reopening, many major decisions are still on the horizon to help return Canadians back to “normal life.” One significant consideration is the implementation and use of a COVID-19 vaccine passport. In a joint statement on May 19, 2021 by the Federal, Provincial and Territorial Privacy Commissioners (the “Joint Privacy Statement”), they urged the government to keep privacy concerns front of mind when evaluating a COVID-19 vaccine passport.

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