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Arbitrator Upholds Termination of Employment for Failure to Comply with Mandatory COVID-19 Vaccination Policy

Submitted by Firm:
Sherrard Kuzz LLP
Firm Contacts:
Erin Kuzz
Article Type:
Legal Update
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Arbitrator Upholds Termination of Employment for Failure to Comply with Mandatory COVID-19 Vaccination Policy

April 26, 2023

A recent arbitration decision, successfully argued by our own Erin Kuzz and Zack Lebane, upheld the dismissal of hospital employees for continued refusal to comply with a mandatory COVID-19 vaccination policy.

The arbitrator’s finding, that the employer was justified in requiring employees to be vaccinated and that it was reasonable to place unvaccinated employees on unpaid leave of absence, is consistent with the rulings in many earlier COVID-19 vaccination arbitration decisions. However, no prior Ontario arbitration decision had upheld dismissal as a consequence of failure to vaccinate (in other words, just cause to terminate). As such, this decision will have significant implications for other health care employers who may have terminated employees under a mandatory COVID-19 vaccination policy.

To read the full briefing note, please click here.  To access all Sherrard Kuzz LLP briefing notes, please visit our website at www.sherrardkuzz.com.

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