Bottom Line
Approaching the one-year mark of the COVID-19 pandemic, cases
that deal with the termination of employees for reasons related to
the pandemic are continuing to work their way through the courts
and other adjudicative processes. However, in what amounts to good
news for employers, several early arbitration awards have upheld
the discharge of employees for violations of workplace protocols
aimed at preventing the spread of COVID-19.
The Carrier Award
In
LIUNA, Local 183 v Aecon Industrial, 2020
CanLII 91950 (the “Carrier Award”), the grievor was a
construction worker and had been working at the jobsite in question
for five years at the time of his termination. On April 9, 2020,