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Legal challenges of employer COVID-19 vaccine mandates largely tossed out, experts say - globalnews.ca - county Hamilton
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Legal challenges of employer COVID-19 vaccine mandates largely tossed out, experts say
COVID-19: Saskatchewan business owners wonder how no proof of vaccine will affect business “The first decisions have clearly set the tone in favour of employers and their obligation to maintain a safe workplace,” said Adam Savaglio, an employment lawyer and partner with Scarfone Hawkins LLP in Hamilton, Ont.“We have a significant number of arbitration decisions in unionized environments that are showing that vaccine mandates and restrictions are being upheld.”A recent arbitration decision between Hydro One Inc. and the Power Workers’ Union dismissed the grievances of multiple workers placed on unpaid leave for failing to comply with the utility’s COVID-19 vaccination policy.The policy required unvaccinated workers — and those who declined to reveal their vaccination status– to take regular rapid tests.In his decision, chief arbitrator John Stout said the policy is reasonable and necessary to address the ongoing health and safety issues arising from the pandemic.“Prohibiting employees from attending work if they do not provide proof of vaccination or a negative COVID-19 (rapid antigen test) is fair and reasonable in the circumstances of this pandemic,” he said in his decision.“Hydro One is complying with their obligations under the Occupational Health & Safety Act to take reasonable precautions to protect the health and safety of their employees and the public that they serve.”The arbitrator also dismissed the union’s position that the workers should have been able to work from home.
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