Canada: Arbitrator Holds Mandatory Vaccination Policy is Unreasonable
In a decision issued on 11 November 2021, an Ontario arbitrator held that the Electrical Safety Authority's mandatory COVID-19 vaccination policy was unreasonable. This is the second decision addressing mandatory COVID-19 vaccination policies in Ontario and the first decision in which such policy has been held to be unreasonable. This case is a helpful reminder that a reasonable policy is one in which the particular context of the workplace and its risks is carefully considered and accounted for. » Read More
Canada: Ontario Passes Bill 27 with Amendments
On 2 December 2021, Bill 27 went into effect. Under this new law, employers have a number of new responsibilities, and employees have corresponding workplace rights. In our earlier update, we provided readers with an overview of the wide-ranging changes proposed by Bill 27 at the time it was initially tabled. Since then, the Standing Committee on Social Policy made a number of amendments, which were incorporated into the version of Bill 27 as passed. In this update, we provide readers with an overview of the key amendments. » Read More
Canada: Arbitrator finds Employer not Required to Reimburse Costs Arising from Transition to Remote Work
Arbitrator Gedalof held that the Toronto District School Board was not obligated to reimburse Board employees for expenses arising from the transition to working from home. The grievances arose after a large number of Board employees transitioned to working from home due to the COVID-19 pandemic. The union alleged that the Board's failure to reimburse the costs incurred from the transition constituted an unreasonable exercise of management rights and constituted a violation of the collective agreement as well as the Employment Standards Act, 2000. » Read More
Canada: Supreme Court concludes Arbitrators can have Exclusive Jurisdiction over Human Rights Disputes
The Supreme Court of Canada held, in a 6-1 ruling, that the Manitoba Human Rights Commission did not have jurisdiction to hear a human rights dispute in a unionised workplace. Given the legislative framework in Manitoba, labour arbitrators have exclusive jurisdiction over unionised workers' complaints of human rights violations in the workplace. » Read More
Canada: Read Before you Click – Court of Appeal Finds No Entitlement to Unvested Stock Options
The Court of Appeal for Ontario recently held that an employee who provided online confirmation that he had read his employer's stock option agreement was bound by the provisions within, notwithstanding the fact that he had not actually read them. » Read More
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