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Employers can take comfort in what the law actually is. This week, I will address whether breaching COVID-19 health and safety protocols is cause for dismissal. With the pandemic dragging on seemingly interminably, many employees are increasingly lax in adhering to employers’ COVID-19 rules. Inertia, fatigue and resistance prevail too often. Juxtapose this with their employers, at risk of massive fines and negligence actions if they do not enforce workplace safety. Do they then have the leeway to fire such employees with impunity? One Entrust Adult Inc. employee attended work the day after ...

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 po...

A recent Ontario arbitration decision,  Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), provides employers with a useful authority when faced with addressing breaches of COVID-19 guidelines at the workplace. Garda  involved a termination grievance resulting from a breach of the employer's adopted COVID-19 guidelines. The employer required employees to isolate if they were waiting for results of a COVID-19 test. This restriction was found to have been breached by the grievor-employee. The Arbitrator found the facts in the matter “uncomplicated”: On March 27, 2020, ...