In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed articles and commentary.
The Ontario Superior Court recently dismissed union applications for injunctions to restrain two entities from suspending or terminating unvaccinated employees before their mandatory vaccination policies could be challenged in the grievance process.
An arbitrator recently considered issues relating to a Vaccinate or Test Policy that provided, among other things, that if employees refuse to test, they will be placed on an unpaid leave of absence for a maximum of six weeks and terminated thereafter.
An Ontario arbitrator recently dismissed a union’s policy grievance and upheld a mandatory COVID-19 vaccination policy on the grounds that it was reasonable and did not breach the collective agreement.
On October 29, 2021, the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of several healthcare employees who were not fully vaccinated against COVID-19.
The Supreme Court of Canada recently decided that in Manitoba, human rights disputes arising from the interpretation, application, or alleged violation of a collective agreement fall within the exclusive jurisdiction of a labour arbitrator.
In a recent decision, an Ontario court stated that an employee’s efforts to mitigate his losses arising from the alleged constructive dismissal did not toll the limitation period and were irrelevant to when the limitation period began to run.
The Alberta Court of Appeal recently confirmed that the applicable test for establishing family status discrimination in Alberta is the test established in Moore v. British Columbia (Education), which applies to other enumerated grounds of discrimination.
The Supreme Court of Canada has issued its decision in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, which clarifies a party’s duty to exercise contractual discretion in good faith.
