In 2022, 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 2022 developments, with links to more detailed articles and commentary.

1. In 2022, we continued to see a steady flow of arbitration awards in Ontario and British Columbia that considered issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. The “weight of authority” supported the imposition of vaccine policies in the workplace to reduce the spread of COVID-19, provided that employers complied with their obligation to accommodate employees under human rights legislation. The arbitrators concluded that the authority to impose such policies arose from management’s right to implement reasonable rules and regulations under the collective agreement, and from the employer’s duty to take necessary measures to protect the health and safety of workers under occupational health and safety legislation, which outweighed the minimal intrusion on the employee’s privacy rights. Arbitrators noted that context is an important factor to consider because reasonableness of a vaccination policy in a pandemic is contextual and highly dynamic. As well, the view was quite consistent that a mandatory vaccination policy that contemplated the possibility of discipline or termination upon an employee’s non-compliance with a mandatory vaccination policy was reasonable provided that the alternative...

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