Courts are giving due deference to medical expertise
This decision was unsurprising as there has been consistent judicial and arbitration board support for safety restrictions during COVID-19.Article contentIt was the first judicial challenge to a vaccine mandate. This one required employees of the Toronto-based University Health Network to be fully vaccinated or face termination.
Justice Dunphy similarly noted that, if you are unionized, the dispute resolution scheme of compulsory arbitration set out in the Labour Relations Act in Ontario is the exclusive body to determine any dispute, such as the discharge case under consideration, which can be arbitrated. The court “declined to disturb the judgement of the collective bargaining agents,” and concluded that, “I would not disturb the progress of the grievances over which the unions have exclusive right of carriage by imposing a remedy — even an interim remedy — that the union is not requesting.”
This action was also brought by non-union employees. The court made swift work of that, “as a general rule, private-sector employment may be terminated at will…” Money, by definition, is not only an adequate remedy, it is the only remedy.
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