A recent legal case shed light on the pressing issue
On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court dismissed union applications asking it to grant injunctions restraining the Toronto Transit Commission (TTC) and Sinai Health System (Sinai) from suspending or terminating unvaccinated employees before their mandatory vaccination policies could be challenged in the grievance process. The TTC/Sinai Decision is another decision from an adjudicator that demonstrates support for mandatory vaccination policies in the workplace and provides encouragement for employers that have implemented such policies.
Sinai implemented a mandatory vaccination policy requiring its employees be fully vaccinated against COVID-19 by December 9, 2021, or have their employment terminated (Sinai Policy). The Sinai Policy includes a process that would allow an individual to seek a medical or non-medical exemption under Ontario’s Human Rights Code (HRC), and to be accommodated if granted an exemption.
The National Organized Workers Union (NOWU) asked the court to grant interim injunctive relief, restraining Sinai from enforcing its policy pending the results of the grievance process. As a threshold matter, the court was required to address whether circumstances existed for the court to exercise its...
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