COVID-19 Vaccinations and Workplace Rights: 2022 Case Law Update
This article provides a case law update regarding the legality of vaccination policies in Canadian workplaces. While these recent decisions are directly relevant for unionized workplaces, the principles set out are useful for all employers, as the courts may consider similar principles when evaluating mandatory vaccination policies in relevant matters (such as wrongful dismissal claims arising out of the implementation of such policies). The current case law suggests that employers can implement protections against COVID-19 in the workplace, but such protections must be reasonable, balanced and relevant to the particular workplace.