In Ontario Power Generation v The Power Workers Union , Arbitrator John Murray made the following award regarding OPG’s COVID Vaccine Policy:
1. OPG’s policy said that if an employee refused to be vaccinated then they must undergo a twice weekly test at the employee’s cost.
The Arbitrator ruled that OPG must cover the cost of the test but that the employee must do the test on their own time for which they will not be compensated.
2. OPG policy said that if the employee both refuses to get vaccinated and refuses the testing, then they would be placed on an unpaid leave of absence for 6 weeks and then if they still refuse, the employee would be terminated with just cause. This part of the policy was upheld.
3. Certain employees are allowed one hour of paid to attend an indoor gym for physical exercise. OPG policy restricts the use of the indoor gym to only those fully vaccinated. This part of the policy was upheld, with a note that the unvaccinated could still exercise outside.
1. OPG’s policy said that if an employee refused to be vaccinated then they must undergo a twice weekly test at the employee’s cost.
The Arbitrator ruled that OPG must cover the cost of the test but that the employee must do the test on their own time for which they will not be compensated.
2. OPG policy said that if the employee both refuses to get vaccinated and refuses the testing, then they would be placed on an unpaid leave of absence for 6 weeks and then if they still refuse, the employee would be terminated with just cause. This part of the policy was upheld.
3. Certain employees are allowed one hour of paid to attend an indoor gym for physical exercise. OPG policy restricts the use of the indoor gym to only those fully vaccinated. This part of the policy was upheld, with a note that the unvaccinated could still exercise outside.
If you wish a copy of this case email me at barry@barryfisher.ca