Arbitrator weighs in on MPAC decision that saw 39 employees lose pay for six months

An Ontario arbitrator has ruled that placing 39 employees on six months of unpaid leave for failing to provide proof of full vaccination against COVID-19 was reasonable, even when office attendance was optional and field work was suspended.

Arbitrator Jesse M. Nyman issued the decision on March 23, 2026, dismissing a policy grievance filed by the Ontario Public Service Employees Union, Local 409, against the Municipal Property Assessment Corporation (MPAC), with individual employee grievances being held in abeyance pending the outcome.

Vaccination policy introduced

MPAC introduced its vaccination policy on September 23, 2021, requiring all employees to be fully vaccinated by October 18, 2021, absent an approved accommodation.

Those who remained unvaccinated by choice moved through a graduated rollout of consequences:

• a mandatory education program on the benefits of vaccination and the risks associated with COVID-19 (Phase 4, October 29, 2021)
• submission of proof of a first dose, or documentation of exceptional circumstances preventing vaccination along with a stated intention in good faith to be vaccinated (Phase 5, November 12, 2021)
• a transition plan worked out with their manager, along with the return of all MPAC assets (Phase 5(b), November 13 to December 24, 2021)
• placement on unpaid leave effective January 4, 2022 (Phase 6).

Twenty-one of the 39 employees placed on leave had filed...

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