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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, ....
To print this article, all you need is to be registered or login on Mondaq.com. Facts The grievor was a screening officer at Toronto s Pearson International Airport The employer, Garda Security Screening Inc., communicated the guidelines of a public health policy which required employees to isolate if they are waiting for the results of a COVID-19 test. In other words, the employee is not to report to work if they have gone for a COVID-19 test and are waiting for the results of that test. On April 12, 2020 the employer was informed by the grievor that she had tested positive for ....