Canadian Arbitrator Upholds Mandatory Vaccination Policy for Employees Who Work Indoors

In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy (Policy). Arbitrator Mitchell found the Policy reasonable “for employees who work inside, even some of the time.” He determined, however, that the Policy was not reasonable as it applied to employees who work from home and have no intention of returning to the workplace in the near future and will not be required to do so, and employees who work exclusively outdoors…

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