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Courts in Ontario Refuse to Intervene on Cases Filed By Employees Against Covid-19 Vaccine Mandates

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Coronavirus vaccine in numbers: UK reaches 15m vaccinations

Ontario courts have refused to intervene on cases filed by employees and unions seeking injunctions that would prevent Covid-19 vaccine mandates from being forced upon them until grievances are resolved through arbitration. The courts have stated that such cases “should be handled by the labour system.”

Toronto lawyer Tanya Walker said that in non-union workplaces, employers in Ontario are basically able to “fire anyone for any reason, provided it’s not discriminatory under the Ontario Human Rights Code.”

However, she said that firing without a reason is expensive for employers. Challenges to vaccine mandates will likely come down to whether appropriate accommodation was provided for medical reasons or religious beliefs, and whether the termination is considered to be with or without cause.

Walker said: “If someone has a clear and honest refusal [to be vaccinated] and the vaccination policy wasn’t actually in place when the person was hired, it might be difficult to justify termination with cause.”

Employers and workers in the state are getting a better understanding of when and what kind of vaccine mandates can be introduced in the workplace following recent rulings on the issue.

However, each case is different and specific circumstances need to be considered, including the type of workplace and the impact on the community.

According to a lawyer, a series of recent decisions has shown labour arbitrators are considering the specifics of each workplace and policy determining whether the mandates can be imposed in an unionised setting.

The Ontario Human Rights Commission has issued guidance on vaccine mandates, saying that “requiring proof of vaccination is generally permissible so long as there are accommodations for those who can’t be immunised for reasons under the human rights code, such as religion or disability.” However, it notes that personal preferences do not meet the threshold for accommodation under the code.

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raj patel
raj patel
4 months ago

The whole situation is scandalous and will eventually fail.

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Colby Michael
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4 months ago

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4 months ago

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ShellyRoss
4 months ago

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4 months ago

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Purebloodpatriot
Purebloodpatriot
4 months ago

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MichelleNoble
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4 months ago

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Andrew P Partington
Andrew P Partington
4 months ago

While I agree the risks of taking the vaccine seem to outweigh the benefits you do not appear to have taken into account the high vaccination rate in Scotland. 92% of people are at least single jabbed. If you run those figures as vaccinated per 100000 you might get a better idea of the real risk – I did that for 25 Dec and 1 Jan and came up with 1850 Covid cases vaccinated per 100000, 3203 Covid cases unvaccinated per 100000 for 25 dec and 1492 cases per 100000 vaxxed and 2746 case per 100000 unvaxxed for 1 January. This means you are 1.7-1.8 times more likely to get Covid if unvaxxed. Still with omicron that shouldn’t worry us. Population of Scotland is apparently 5463300.

Andrew P Partington
Andrew P Partington
Reply to  Andrew P Partington
4 months ago

Sorry somehow this comment ended up on the wrong article !

Demeter02
Demeter02
4 months ago

This is what I mean by the Scum are winning battles but losing the war. For some reason, F..k knows why but we have to comply or agree with their bull.

They had to crash land their Spars/Sars plan because their idiotic, criminal, financial system was collapsing, back in ’19. The current system MUST DIE, which will cause much suffering now but we need a decent, new system which will benefit us real humans longterm.

We’re winning the war as the idiots underestimated real humans, the more they rant and try to scare us currently, the more people wake up and just say no!

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4 months ago

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